-----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, QBsH/KOmYFfnA1fJhi3/AMeMTEjD7Xe3+13RHrnoaeeYjNGuMvP9Bv4sSCPXzdTY 3UbRrMnogDbW0eo7ppHkgg== 0000950142-02-000890.txt : 20020918 0000950142-02-000890.hdr.sgml : 20020918 20020918165115 ACCESSION NUMBER: 0000950142-02-000890 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 3 CONFORMED PERIOD OF REPORT: 20020918 ITEM INFORMATION: Financial statements and exhibits ITEM INFORMATION: FILED AS OF DATE: 20020918 FILER: COMPANY DATA: COMPANY CONFORMED NAME: PENN TRAFFIC CO CENTRAL INDEX KEY: 0000077155 STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-GROCERY STORES [5411] IRS NUMBER: 250716800 STATE OF INCORPORATION: DE FISCAL YEAR END: 0131 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-09930 FILM NUMBER: 02767103 BUSINESS ADDRESS: STREET 1: 1200 STATE FAIR BLVD CITY: SRYACUSE STATE: NY ZIP: 13221-4737 BUSINESS PHONE: 8145369900 MAIL ADDRESS: STREET 1: 1200 STATE FAIR BLVD CITY: SYRACUSE STATE: NY ZIP: 13221-4737 8-K 1 form8k-91802.txt PENN TRAFFIC CO. DTD 9/18/02 UNITED STATES 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 (Date of earliest event reported): September 18, 2002 THE PENN TRAFFIC COMPANY (Exact name of registrant as specified in its charter) Delaware 1-9930 25-0716800 (State or other jurisdiction (Commission (I.R.S. Employer of incorporation) File Number) Identification No.) 1200 State Fair Boulevard, Syracuse, New York (Address of principal executive offices) 13221-4737 (zip code) (315) 453-7284 (Registrant's telephone number, including area code) 2 ITEM 7. FINANCIAL STATEMENTS AND EXHIBITS. (c) Exhibits. 99.1 Written Statement from the Chief Executive Officer, dated September 18, 2002. 99.2 Written Statement from the Chief Financial Officer, dated September 18, 2002. ITEM 9. REGULATION FD DISCLOSURE On September 18, 2002, in accordance with Order No. 4-460 of the Securities and Exchange Commission, sworn statements were submitted to the Securities and Exchange Commission by the principal executive officer and the principal financial officer of The Penn Traffic Company. Copies of each sworn statement are furnished as Exhibits 99.1 and 99.2 to this report. 3 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 hereunto duly authorized. Date: September 18, 2002 THE PENN TRAFFIC COMPANY By: /s/ Martin A. Fox --------------------------------------- Name: Martin A. Fox Title: Executive Vice President and Chief Financial Officer 4 EXHIBIT INDEX 99.1 Written Statement from the Chief Executive Officer, dated September 18, 2002. 99.2 Written Statement from the Chief Financial Officer, dated September 18, 2002. EX-99 3 ex99-1_form8k91802.txt EXHIBIT 99.1 EXHIBIT 99.1 ------------ STATEMENT UNDER OATH I, Joseph V. Fisher, state and attest that: (1) To the best of my knowledge, based upon a review of the covered reports of The Penn Traffic Company (the "Company"), and, except as corrected or supplemented in a subsequent covered report: o no covered report contained an untrue statement of a material fact as of the end of the period covered by such report (or in the case of a report on Form 8-K or definitive proxy materials, as of the date on which it was filed); and o no covered report omitted to state a material fact necessary to make the statements in the covered report, in light of the circumstances under which they were made, not misleading as of the end of the period covered by such report (or in the case of a report on Form 8-K or definitive proxy materials, as of the date on which it was filed). (2) I have reviewed the contents of this statement with the Company's audit committee. (3) In this statement under oath, each of the following, if filed on or before the date of this statement, is a "covered report": o Annual Report of the Company on Form 10-K for the fiscal year ended February 2, 2002 filed with the Commission; o all reports on Form 10-Q, all reports on Form 8-K and all definitive proxy materials of the Company filed with the Commission subsequent to the filing of the Form 10-K identified above; and o any amendments to any of the foregoing. Subscribed and sworn to before me this 18th day of /s/ Joseph V. Fisher Setpember 2002. -------------------- Joseph V. Fisher /s/ Francis D. Price, Jr. September 18, 2002 ----------------------------------- Notary Public My Commission Expires: May 31, 2006 EX-99 4 ex99-2_form8k91802.txt EXHIBIT 99.2 EXHIBIT 99.2 ------------ STATEMENT UNDER OATH I, Martin A. Fox, state and attest that: (1) To the best of my knowledge, based upon a review of the covered reports of The Penn Traffic Company (the "Company"), and, except as corrected or supplemented in a subsequent covered report: o no covered report contained an untrue statement of a material fact as of the end of the period covered by such report (or in the case of a report on Form 8-K or definitive proxy materials, as of the date on which it was filed); and o no covered report omitted to state a material fact necessary to make the statements in the covered report, in light of the circumstances under which they were made, not misleading as of the end of the period covered by such report (or in the case of a report on Form 8-K or definitive proxy materials, as of the date on which it was filed). (2) I have reviewed the contents of this statement with the Company's audit committee. (3) In this statement under oath, each of the following, if filed on or before the date of this statement, is a "covered report": o Annual Report of the Company on Form 10-K for the fiscal year ended February 2, 2002 filed with the Commission; o all reports on Form 10-Q, all reports on Form 8-K and all definitive proxy materials of the Company filed with the Commission subsequent to the filing of the Form 10-K identified above; and o any amendments to any of the foregoing. Subscribed and sworn to before me this 18th day of /s/ Martin A. Fox September 2002. -------------------- Martin A. Fox /s/ Francis D. Price, Jr. September 18, 2002 ----------------------------------- Notary Public My Commission Expires: May 31, 2006 -----END PRIVACY-ENHANCED MESSAGE-----