-----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, LOTMA68SBY6Aiw5l2YJk2WCJGZvitKhPqbFyZhTc287H+VIJN5sjvNmquRUHAidn sipj57I4U5/81G+LDJAd9g== 0000950172-02-001712.txt : 20020807 0000950172-02-001712.hdr.sgml : 20020807 20020807145235 ACCESSION NUMBER: 0000950172-02-001712 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20020807 ITEM INFORMATION: Financial statements and exhibits ITEM INFORMATION: FILED AS OF DATE: 20020807 FILER: COMPANY DATA: COMPANY CONFORMED NAME: WARNACO GROUP INC /DE/ CENTRAL INDEX KEY: 0000801351 STANDARD INDUSTRIAL CLASSIFICATION: WOMEN'S, MISSES', CHILDREN'S & INFANTS' UNDERGARMENTS [2340] IRS NUMBER: 954032739 STATE OF INCORPORATION: DE FISCAL YEAR END: 0103 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-10857 FILM NUMBER: 02721696 BUSINESS ADDRESS: STREET 1: 90 PARK AVE STREET 2: 26TH FLOOR CITY: NEW YORK STATE: NY ZIP: 10016 BUSINESS PHONE: 2126611300 MAIL ADDRESS: STREET 1: 90 PARK AVENUE STREET 2: 26TH FLOOR CITY: NEW YORK STATE: NY ZIP: 10016 FORMER COMPANY: FORMER CONFORMED NAME: W ACQUISITION CORP /DE/ DATE OF NAME CHANGE: 19861117 8-K 1 s379548.txt CURRENT REPORT 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): August 7, 2002 The Warnaco Group, Inc. (Exact Name of Registrant as Specified in Charter) Delaware (State or Other Jurisdiction of Incorporation) 1-10857 95-4032739 (Commission File Number) (IRS Employer Identification No.) 90 Park Avenue New York, NY 10016 (Address of Principal Executive Offices) (Zip Code) Registrant's telephone number, including area code: (212) 661-1300 Not Applicable (Former name or former address, if changed since last report) Item 7. Financial Statements, Pro Forma Financial Information and Exhibits. (c) Exhibits Exhibit No. Description 99.1 Certification of CEO and CFO pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes- Oxley Act of 2002 Item 9. Regulation FD Disclosure. On August 7, 2002, each of the Chief Executive Officer, Antonio C. Alvarez II, and Chief Financial Officer, James P. Fogarty, of The Warnaco Group, Inc. executed a Certification of CEO and CFO pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002. A copy of the Certification is attached hereto as Exhibit 99.1. 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: August 7, 2002 The Warnaco Group, Inc. By: /s/ Stanley P. Silverstein ----------------------------------- Name: Stanley P. Silverstein Title: Vice President, General Counsel and Secretary EX-99.1 3 s379514.txt CERTIFICATION OF CEO AND CFO Exhibit 99.1 Certification of CEO and CFO Pursuant to 18 U.S.C. Section 1350, As Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 In connection with the Annual Report of The Warnaco Group, Inc. (the "Company") on Form 10-K for the period ending January 5, 2002 as filed with the Securities and Exchange Commission (the "SEC") on July 31, 2002 (the "Report"), Antonio C. Alvarez II, as Chief Executive Officer of the Company, and James P. Fogarty, as Chief Financial Officer of the Company, each hereby certifies, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, to the best of his knowledge, based upon a review of the Report, that, subject to the qualifications noted below: (1) The Report fully complies with the requirements of section 13(a) of the Securities Exchange Act of 1934; and (2) The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company as of the dates and for periods presented. In rendering this certification, we note the following qualifications: (1) The Report was not filed within 90 days after the end of the Company's fiscal year as required by General Instruction A to Form 10-K. (2) The SEC is currently conducting an investigation to determine whether there have been any violations of the Securities Exchange Act of 1934, as amended, in connection with the preparation and publication of various financial statements and other public statements of the Company. Any determination made by the SEC in this matter may affect information contained in the Report; therefore, the certifications set forth above are subject to, and qualified by, the results of the investigation. (3) Certain information in the Report relates to periods prior to the undersigned's affiliation with the Company. Antonio C. Alvarez II joined the Company on June 11, 2001 and was elected President and Chief Executive Officer of the Company on November 16, 2001. James P. Fogarty joined the Company as Senior Vice President Finance on June 11, 2001 and was elected Chief Financial Officer of the Company on December 20, 2001. /s/ Antonio C. Alvarez II - ------------------------------ Antonio C. Alvarez II Chief Executive Officer August 7, 2002 /s/ James P. Fogarty - ------------------------------ James P. Fogarty Chief Financial Officer August 7, 2002 This certification is provided pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of ss. 18 of the Securities Exchange Act of 1934, as amended. -----END PRIVACY-ENHANCED MESSAGE-----