0001104659-02-006618.txt : 20021122 0001104659-02-006618.hdr.sgml : 20021122 20021122091139 ACCESSION NUMBER: 0001104659-02-006618 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 3 CONFORMED PERIOD OF REPORT: 20021121 ITEM INFORMATION: Other events ITEM INFORMATION: Financial statements and exhibits FILED AS OF DATE: 20021122 FILER: COMPANY DATA: COMPANY CONFORMED NAME: NASH FINCH CO CENTRAL INDEX KEY: 0000069671 STANDARD INDUSTRIAL CLASSIFICATION: WHOLESALE-GROCERIES & RELATED PRODUCTS [5140] IRS NUMBER: 410431960 STATE OF INCORPORATION: DE FISCAL YEAR END: 0102 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-00785 FILM NUMBER: 02836941 BUSINESS ADDRESS: STREET 1: 7600 FRANCE AVE STREET 2: PO BOX 355 CITY: SOUTH MINNEAPOLIS STATE: MN ZIP: 55435-0355 BUSINESS PHONE: 6128320534 FORMER COMPANY: FORMER CONFORMED NAME: NASH CO DATE OF NAME CHANGE: 19710617 8-K 1 j6110_8k.htm 8-K

SECURITIES AND EXCHANGE COMISSION

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 reported) November 21, 2002

NASH FINCH COMPANY

(Exact name of registrant as specified in its charter)

DELAWARE	0-785	41-0431960
(State or other jurisdiction of	(Commission	(IRS Employer
Incorporation)	File Number)	Identification No.)

7600 France Ave. South, Edina, Minnesota		55435
(Address of principal executive offices)		(Zip Code)

Registrant’s telephone number, including area code: (952) 832-0534

(Former name or former address, if changed since last reported.)

ITEM 5. Other Events

On November 21, 2002, the Registrant submitted to the Securities and Exchange Commission the sworn statements of its chief executive officer and chief financial officer pursuant to Securities and Exchange Commission Order No. 4-460. A copy of each of these statements is furnished as an exhibit to this report (Exhibits 99.1 and 99.2, respectively).

ITEM 7. Financial Statements and Exhibits

Exhibit No. Description

99.1 Statement Under Oath of Principal Executive Officer dated November 21, 2002

99.2 Statement Under Oath of Principal Financial Officer dated November 21, 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 thereunto duly authorized.

	NASH FINCH COMPANY


Date: November 21, 2002	By /s/ Robert B. Dimond
	Robert B. Dimond
	Executive Vice President and Chief Financial Officer

EX-99.1 3 j6110_ex99d1.htm EX-99.1

Exhibit 99.1

Statement Under Oath of Principal Executive Officer Regarding Facts and Circumstances
Relating to Exchange Act Filings

I, Ron Marshall, state and attest that:

(1) I make the following statements to the best of my knowledge.

(2) For the reasons set forth below, I am unable to make the certification required by Paragraph (a) of the Securities and Exchange Commission’s (the “SEC” or the “Commission”) Order Requiring the Filing of Sworn Statements Pursuant to Section 21(a)(1) of the Securities Exchange Act of 1934, (File No 4-460).

(a) Nash Finch Company (“Nash Finch” or the “Company”) has initiated an internal review concerning practices and procedures relating to certain promotional allowances to the Company by vendors that reduce the cost of goods sold. The review is focused on how the Company assesses Count-Recount charges. The review has not been completed as of the date hereof.

(b) These practices and procedures are the subject of an informal inquiry by the SEC, with which the Company intends to cooperate.

(c) As a result of the Company’s internal review and the SEC’s informal inquiry, the Company is unable to finalize its interim financial statements, as of October 5, 2002 and for the sixteen-week and forty-week periods then ended, and accordingly, the Company’s independent public accountants have not completed their review of such interim financial statements.

(3) In light of the matters and uncertainties described above, I am not able at this time to express a view concerning the accuracy and completeness of Nash Finch’s covered reports.

(4) I have reviewed the contents of this statement with the Company’s audit committee.

(5) In this statement under oath, each of the following, if filed on or before the date of this statement, is a “covered report”:

• the Nash Finch Annual Report on Form 10-K for the fiscal year ended December 29, 2001, filed with the Commission on February 8, 2002;

• all reports on Form 10-Q, all reports on Form 8-K and all definitive proxy materials of Nash Finch filed with the Commission subsequent to the filing of the Form 10-K identified above; and

• any amendments to any of the foregoing.

/s/ Ron Marshall		Subscribed and sworn to before me this
Ron Marshall		21^st day of November, 2002
November 21, 2002

		/s/ Judy I. Hasse
		Notary Public

		My commission expires: Jan. 31, 2005

EX-99.2 4 j6110_ex99d2.htm EX-99.2

Exhibit 99.2

Statement Under Oath of Principal Financial Officer Regarding Facts and Circumstances
Relating to Exchange Act Filings

I, Robert B. Dimond, state and attest that: