-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, H1ndUjikLCQC3uhIzH40uNU0X1c/2gBabS3AnwW5Ye9ATTOrz4qaTU2lp51THn1c nEQcGIbGClkPD4mAvJXUZQ== 0000912057-02-006861.txt : 20020414 0000912057-02-006861.hdr.sgml : 20020414 ACCESSION NUMBER: 0000912057-02-006861 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20020205 ITEM INFORMATION: Bankruptcy or receivership ITEM INFORMATION: Financial statements and exhibits FILED AS OF DATE: 20020219 FILER: COMPANY DATA: COMPANY CONFORMED NAME: ICH CORP /DE/ CENTRAL INDEX KEY: 0000049588 STANDARD INDUSTRIAL CLASSIFICATION: ACCIDENT & HEALTH INSURANCE [6321] IRS NUMBER: 436069928 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-07697 FILM NUMBER: 02553567 BUSINESS ADDRESS: STREET 1: 9255 TOWNE CENTRE DRIVE STREET 2: SUITE 600 CITY: SAN DIEGO STATE: CA ZIP: 92121 BUSINESS PHONE: 2149547111 MAIL ADDRESS: STREET 1: P.O. BOX 2699 STREET 2: SUITE 400 CITY: DALLAS STATE: TX ZIP: 75221 FORMER COMPANY: FORMER CONFORMED NAME: ICH CORP DATE OF NAME CHANGE: 19930506 FORMER COMPANY: FORMER CONFORMED NAME: SOUTHWESTERN LIFE CORP DATE OF NAME CHANGE: 19940808 FORMER COMPANY: FORMER CONFORMED NAME: ICH CORP/CONSOL NAT/RTS/CFR/MOD AMER LIFE INS/SW LIFE INS/CF DATE OF NAME CHANGE: 19930505 8-K 1 a2071386z8-k.txt FORM 8-K SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 ---------------------- FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 --------------------- Date of report: February 5, 2002 (Date of earliest event reported) I.C.H. CORPORATION (Exact name of Registrant as specified in its charter) Delaware (State or other jurisdiction of incorporation) 1-7697 43-6069928 (Commission File No.) (I.R.S. Employer Identification No.) 9255 Towne Centre Drive, Suite 600 San Diego, California 92121 (Address of principal executive offices; zip code) (619) 587-8533 (Registrant's telephone number, including area code) Not Applicable (Former Name or Former Address, if changed Since Last Report) ITEM 3. BANKRUPTCY OR RECEIVERSHIP. On February 5, 2002, I.C.H. Corporation, a Delaware corporation, and its principal subsidiaries (the "Company") filed voluntary petitions for financial restructuring under Chapter 11 of the United States Bankruptcy Code in the United States Bankruptcy Court for the Southern District of New York (Jointly Administered Case No. 02-10485(PCB)) principally in order to separate its ongoing Arby's business from various holding company liabilities related primarily to the Company's former ownership of the California-based Lyon's restaurant chain, and to enhance the overall financial condition of the Company's operating subsidiaries. The Company has closed a single Arby's unit located in Texas in connection with the Chapter 11 restructuring. The Company expects that it will continue to operate its remaining 239 Arby's restaurants located primarily in Michigan, Texas, Pennsylvania, New Jersey, Connecticut and Florida without interruption. On February 5, 2002, the Company issued a press release relating to the foregoing. A copy of the press release is attached hereto as Exhibit 99.1 and is incorporated in its entirety herein by reference. ITEM 7. FINANCIAL STATEMENTS AND EXHIBITS. (c) Exhibits. The Company hereby furnishes the following exhibit: EXHIBIT NO. DOCUMENT DESCRIPTION ----------- -------------------- 99.1 Press Release of the Company dated February 5, 2002 SIGNATURES 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 hereunto duly authorized. Dated: February 19, 2002 I.C.H. CORPORATION (Registrant) By: /s/ JOHN A. BICKS --------------------------------------- Name: John A. Bicks Title: Co-Chairman and Co-Chief Executive Officer EXHIBIT INDEX EXHIBIT DOCUMENT ------- -------- 99.1 Press Release of the Company dated February 5, 2002 EX-99.1 3 a2071386zex-99_1.txt EXHIBIT 99.1 FOR IMMEDIATE RELEASE Date: February 5, 2002 Contact: Richard Moyer, Cameron Associates Phone: 212.245.8800 Fax: 212.245.4165 E-mail: richard@cameronassoc.com ------------------------ ICH Corporation and Subsidiaries File Voluntary Chapter 11 Petitions to Separate Ongoing Arby's Business from Holding Company Liabilities Company's Arby's Restaurants Will Continue to Operate Without Interruption New York, New York; February 5, 2002 -- I.C.H. Corporation (AMEX:IH) ("ICH" or the "Company") today announced that, in order to separate its ongoing Arby's business from various holding company liabilities related primarily to the Company's former ownership of the California-based Lyon's restaurant chain, and to enhance the overall financial condition of the Company's operating subsidiaries, the Company and its principal subsidiaries have voluntarily filed for financial restructuring under Chapter 11 of the United Stated Bankruptcy Code. The filings, which were made today in the United States Bankruptcy Court for the Southern District of New York, will allow the Company to resolve its non-Arby's related holding company liabilities, while preserving and enhancing the value of the underlying Arby's restaurant operations of its subsidiaries. Through its principal operating subsidiaries, the Company currently operates 240 Arby's restaurants located primarily in Michigan, Texas, Pennsylvania, New Jersey, Connecticut and Florida. As part of the restructuring proceedings, the Company expects that those Arby's restaurant operations will continue without interruption. The Company currently expects to close only one Arby's restaurant in connection with the Chapter 11 case. ICH is a Delaware holding corporation which, through its principal operating subsidiaries, currently operates 240 Arby's restaurants located primarily in Michigan, Texas, Pennsylvania, New Jersey, Connecticut and Florida. Note: Certain information discussed above may constitute forward-looking statements within the meaning of the federal securities laws. Although the Company believes that the expectations reflected in any such forward-looking statements are based upon reasonable assumptions, it can give no assurance that its expectations will be achieved. Forward-looking information is subject to certain risks, trends and uncertainties that could cause actual results to differ materially from projected results. Among those risks, trends and uncertainties are the general economic climate, costs of food and labor, consumer demand, interest rate levels, the availability of financing and other risks associated with the acquisition, development and operation of new and existing restaurants. -----END PRIVACY-ENHANCED MESSAGE-----