-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: keymaster@town.hall.org Originator-Key-Asymmetric: MFkwCgYEVQgBAQICAgADSwAwSAJBALeWW4xDV4i7+b6+UyPn5RtObb1cJ7VkACDq pKb9/DClgTKIm08lCfoilvi9Wl4SODbR1+1waHhiGmeZO8OdgLUCAwEAAQ== MIC-Info: RSA-MD5,RSA, a/PnUfGr0XDAGls7A/W2vZrdVKV32Wc/sDuFe664yzi9J8yeAkmgqFhltnvaQg1c W260IQZrPq+9/E0TViEC6Q== 0000045876-94-000012.txt : 19940906 0000045876-94-000012.hdr.sgml : 19940906 ACCESSION NUMBER: 0000045876-94-000012 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 19940816 ITEM INFORMATION: Other events FILED AS OF DATE: 19940902 FILER: COMPANY DATA: COMPANY CONFORMED NAME: HARSCO CORP CENTRAL INDEX KEY: 0000045876 STANDARD INDUSTRIAL CLASSIFICATION: 3440 IRS NUMBER: 231483991 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-03970 FILM NUMBER: 94547726 BUSINESS ADDRESS: STREET 1: 350 POPLAR CHURCH RD CITY: CAMP HILL STATE: PA ZIP: 17001-8888 BUSINESS PHONE: 7177637064 MAIL ADDRESS: STREET 1: PO BOX 8888 CITY: CAMP HILL STATE: PA ZIP: 17001-8888 8-K 1 CURRENT REPORT SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15 (d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (date of earliest event) August 16, 1994 Harsco Corporation (Exact name of registrant as specified in its charter) Delaware (State or other jurisdiction of incorporation) 1-3970 (Commission File Number) 23-1483991 (I.R.S. Employer Identification Number) 350 Poplar Church Road Camp Hill, Pennsylvania (Address of principal executive offices) 17001-8888 (Zip Code) Registrant's telephone number, including area code: (717) 763-7064 Item 5. Other Events. Federal Excise Tax - Government Voluntarily Withdraws Its Appeal of the Armed Services Board of Contract Appeals Decision As reported in the Company's previous filings, the Armed Services Board of Contract Appeals ruled that Harsco is entitled to a price adjustment to the five- ton truck contract to reimburse Federal Excise Tax (FET) paid on vehicles that were to be delivered after October 1, 1988. In June 1994, the Government appealed to the Court of Appeals for the Federal Circuit. Effective August 16, 1994, the Government voluntarily withdrew its appeal. As previously reported, the Commercial Litigation Branch of the Department of Justice is continuing to conduct its civil investigation with respect to the facts underlying this claim. The Government might attempt to renew its motions to reopen the Armed Services Board of Contract Appeals decision based upon the results of the continuing investigation. Also, if the Department of Justice files a separate civil action against the Company as a result of this investigation, it may seek various remedies including forfeiture by the Company of its claims for reimbursement of FET and related claims, treble damages, and civil penalties. Settlement of Various Five-Ton Truck Contract Issues On August 26, 1994, the Company and the Government signed a modification to the five-ton truck contract resolving all outstanding contractual matters concerning that agreement with certain limited exceptions including FET related matters. The contract modification includes resolution of the Company's claims described in earlier Company filings for contract changes, inadequate technical data package, and delays and disruptions. The modification provides for an increase of $12.5 million in the contract price. The price increase is expected to result in pre-tax income to the Company of approximately $11.7 million after related excise tax and other associated costs. Claim Against Certain Former Shareholders of MultiServ International N.V. On August 29, 1994, the Company filed a legal action in the United States District Court for the Southern District of New York seeking recovery of damages arising from misrepresentations which the Company claims were made to it in connection with its purchase of the stock of MultiServ International N.V. on August 31, 1993. The Complaint names as defendants, Adrian H. H. Bowden; The Dyson-Kissner- Moran Corporation and two of its affiliated companies (MHC Holding Corp. and DKM-MLP Limited Partnership); Adler & Shaykin Fund II, L.P.; and Rene Segui. The Complaint seeks damages in an amount to be determined. SIGNATURE Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized. HARSCO CORPORATION (Registrant) By: Derek C. Hathaway Chairman, President & Chief Executive Officer Date: September 2, 1994 -----END PRIVACY-ENHANCED MESSAGE-----