-----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, RlX+zVsSK0CzIs9CTaA8d6uEehk/34jmYsFwVvQq4R+kWPsgo3Fi+C9pVFD5929E LlIo4sOZWk+VcoD4pmoXxQ== 0000941302-99-000110.txt : 19990721 0000941302-99-000110.hdr.sgml : 19990721 ACCESSION NUMBER: 0000941302-99-000110 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 19990719 ITEM INFORMATION: ITEM INFORMATION: FILED AS OF DATE: 19990720 FILER: COMPANY DATA: COMPANY CONFORMED NAME: NU KOTE HOLDING INC /DE/ CENTRAL INDEX KEY: 0000812423 STANDARD INDUSTRIAL CLASSIFICATION: PENS, PENCILS & OTHER ARTISTS' MATERIALS [3950] IRS NUMBER: 161296153 STATE OF INCORPORATION: TX FISCAL YEAR END: 0331 FILING VALUES: FORM TYPE: 8-K SEC ACT: SEC FILE NUMBER: 000-20287 FILM NUMBER: 99666950 BUSINESS ADDRESS: STREET 1: 200 BEASLEY DR CITY: FRANKLIN STATE: TN ZIP: 37064 BUSINESS PHONE: 2142502785 MAIL ADDRESS: STREET 1: 200 BEASLEY DR CITY: FRANKLIN STATE: TN ZIP: 37064 8-K 1 SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant To Sections 13 or 15(d) of the Securities Exchange Act of 1934 July 13, 1999 Date of Report (Date of Earliest Event Reported) Nu-kote Holding, Inc. (Exact Name of Registrant as Specified in Charter) Texas 0-20287 16-1296153 (State or Other (Commission File Number) (IRS Employer Jurisdiction of Identification No.) Incorporation) 200 Beasley Dr. Franklin, Tennessee 37064 (Address and Zip Code of Principal Executive Offices) (615) 794-9000 (Registrant's Telephone Number, Including Area Code) ITEM 4. CHANGES IN REGISTRANT'S CERTIFYING ACCOUNTANTS On November 6, 1998 Nu-kote Holding, Inc. ("Nu-kote" or the "Company") filed a voluntary petition for protection under Chapter 11 of the United States Bankruptcy Code (the "Bankruptcy Code") in the United States Bankruptcy Court for the Middle District of Tennessee in Nashville, Tennessee (the "Bankruptcy Court"). Six subsidiaries of the Company, Nu- kote International, Inc., Future Graphics, Inc., Nu-kote Imperial, Inc., Nu- kote Latin America, Inc., Nu-kote Imaging International, Inc. and International Communication Materials, Inc., also filed voluntary petitions for reorganization under Chapter 11 of the Bankruptcy Code on November 6, 1998. On January 22, 1999 Nu-kote filed a motion with the Bankruptcy Court to employ PricewaterhouseCoopers LLP as the principal accountants to audit its consolidated financial statements. Such firm had been engaged in that capacity prior to the filing by Nu-kote for protection under Chapter 11 of the Bankruptcy Code on November 6, 1998. The U.S. Trustee's office objected to the engagement of PricewaterhouseCoopers LLP, and on March 16, 1999 a hearing was held in the Bankruptcy Court to determine whether Nu-kote would be permitted to engage such firm. At that hearing, the Bankruptcy Court denied the motion to employ PricewaterhouseCoopers LLP. The Bankruptcy Court ruled that such firm was disqualified from acting in such capacity due to a conflict of interest. Such conflict resulted from the merger of Coopers & Lybrand ("C&L") and Price Waterhouse ("PW") on July 1, 1998. Prior to the merger, C&L was the principal accountant to audit Nu-kote's consolidated financial statements. On June 15,1999 KPMG Peat Marwick L.L.P ("KPMG") was engaged to act as the Company's auditors. However, an objection to their engagement was filed with the Bankruptcy Court on July 6, 1999. On July 13, 1999 the Bankruptcy Court heard the objection to the engagment of KPMG and overruled it. As a result KPMG will audit Nu-kote and its subsidiaries based in the United States and elsewhere sufficient for such firm to act as the Company's principal auditor. PricewaterhouseCoopers L.L.P. will continue to act as auditor for the Company's foreign subsidiaries that are not in bankruptcy. ITEM 7. FINANCIAL STATEMENTS, PRO FORMA FINANCIAL INFORMATION AND EXHIBITS None. SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. Nu-kote Holding, Inc. Dated: July 16, 1999 By: /S/PHILLIP THEODORE ---------------------------------- Phillip Theodore, Senior Vice President and Chief Financial Officer -----END PRIVACY-ENHANCED MESSAGE-----