-----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, DgXeRwx5SR3EEK2Hh892024LH9GlP4fl2SD0sOSBTGDsa+B/jOTTgKT130e+hAoo tnVeaYOyWOPhIWTmBX8/mg== 0000891092-01-000078.txt : 20010124 0000891092-01-000078.hdr.sgml : 20010124 ACCESSION NUMBER: 0000891092-01-000078 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20010112 ITEM INFORMATION: FILED AS OF DATE: 20010123 FILER: COMPANY DATA: COMPANY CONFORMED NAME: ELCOTEL INC CENTRAL INDEX KEY: 0000801448 STANDARD INDUSTRIAL CLASSIFICATION: TELEPHONE & TELEGRAPH APPARATUS [3661] IRS NUMBER: 592518405 STATE OF INCORPORATION: DE FISCAL YEAR END: 0331 FILING VALUES: FORM TYPE: 8-K SEC ACT: SEC FILE NUMBER: 000-15205 FILM NUMBER: 1513076 BUSINESS ADDRESS: STREET 1: 6428 PARKLAND DR CITY: SARASOTA STATE: FL ZIP: 34243 BUSINESS PHONE: 9417580389 MAIL ADDRESS: STREET 1: 6428 PARKLAND DR CITY: SARASOTA STATE: FL ZIP: 34243 8-K 1 0001.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 (date of earliest event reported): January 12, 2001 ELCOTEL, INC. (Exact name of registrant as specified in its charter). Delaware 000-15205 592518405 (State or other jurisdiction (Commission (IRS Employer of incorporation) File Number) Identification No.) 6428 Parkland Drive, Sarasota, Florida 34243 (Address of principal executive offices) (Zip Code) Registrant's telephone number, including area code: (941) 758-0389 Item 5. Other Events On January 12, 2001, Bank of America, N.A. (the "Bank") filed a lawsuit under case number 2001CA192 against Elcotel, Inc. and its subsidiaries (the "Company") in the Circuit Court of the Twelfth Judicial Circuit in and for Manatee County, Florida Civil Division (the "Court"). The suit is seeking to foreclose on a mortgage and other security agreements on the Company's real and personal property and substantially all other assets of the Company (the "Collateral") securing obligations payable to the Bank pursuant to the terms of the loan agreements between the Company and the Bank. As previously disclosed in the Company's Quarterly Report on Form 10-Q for the Quarter Ended September 30, 2000, all obligations outstanding pursuant to the loan agreements between the Company and the Bank became due and payable on September 30, 2000 and the Company defaulted with regard to the payment thereof. The suit alleges that the Company has failed to pay its obligations under the loan agreements including principal of approximately $11.2 million, non-default interest of approximately $509,000, default interest, fees, expenses and costs and breached other terms of the loan agreements, and requests the Court to enter a judgment of foreclosure, appoint a receiver to take possession and control over the Collateral and award the Bank such other and further relief appropriate under the circumstances. On January 22, 2001, the Elcotel, Inc. and its subsidiaries (collectively the "Debtors") filed voluntary petitions under chapter 11 of the United States Bankruptcy Code in the United States Bankruptcy Court for the Middle District of Florida (the "Bankruptcy Court"), which cases are jointly administered under case number 01011077 (the "Chapter 11 Proceeding"). The Company is presently operating its business as debtor-in-possession and is subject to the jurisdiction of the Bankruptcy Court while a plan of reorganization is formulated. As a debtor-in-possession, the Company is authorized to continue to operate its business in the ordinary course during the Chapter 11 Proceeding. In addition, Section 362 of the Bankruptcy Code imposes an automatic stay that precludes any creditors, including the Bank and other interested parties, from taking any remedial action outside of the Chapter 11 Proceeding. 2 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. ELCOTEL, INC. Date: January 22, 2001 By: /s/ William H. Thompson ------------------------------------- William H. Thompson Senior Vice President, Administration and Finance -----END PRIVACY-ENHANCED MESSAGE-----