-----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, Mz91L9djUwjYTmmM1MB5eb+/7BWgfO0dbUkQJLQnHZGxCrSvnpVhod396w7OekFz GRC/dOwo1zlRhXKZqlWW8A== 0001193125-03-010564.txt : 20030617 0001193125-03-010564.hdr.sgml : 20030617 20030617172231 ACCESSION NUMBER: 0001193125-03-010564 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20030617 ITEM INFORMATION: Other events ITEM INFORMATION: Financial statements and exhibits ITEM INFORMATION: Regulation FD Disclosure FILED AS OF DATE: 20030617 FILER: COMPANY DATA: COMPANY CONFORMED NAME: CHEROKEE INC CENTRAL INDEX KEY: 0000844161 STANDARD INDUSTRIAL CLASSIFICATION: WOMEN'S, MISSES', AND JUNIORS OUTERWEAR [2330] IRS NUMBER: 954182437 STATE OF INCORPORATION: DE FISCAL YEAR END: 0131 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-18640 FILM NUMBER: 03747773 BUSINESS ADDRESS: STREET 1: 6835 VALJEAN AVE CITY: VAN NUYS STATE: CA ZIP: 91406-4713 BUSINESS PHONE: 8189511002 MAIL ADDRESS: STREET 1: 6835 VALJEAN AVE CITY: VAN NUYS STATE: CA ZIP: 91406-4713 FORMER COMPANY: FORMER CONFORMED NAME: GREEN ACQUISITION CO DATE OF NAME CHANGE: 19900814 8-K 1 d8k.htm FORM 8-K 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: June 17, 2003

(Date of earliest event reported)

 

CHEROKEE INC.

 

 

 

(Exact name of Registrant as specified in its Charter)

 

Delaware   1-18640   95-4182437

(State or Other Jurisdiction of

Incorporation or Organization)

  (Commission File Number)  

(I.R.S. Employer

Identification No.)

 

6835 Valjean Avenue

Van Nuys, California 91406

 

 

 

(Address of Principal Executive Offices, including Zip Code)

 

(818) 908-9868

(Registrant’s telephone number, including area code)

 


Item 5.

 

Cherokee Inc. announced today that the Los Angeles Superior Court confirmed the full award including finder’s fees withheld under the finder’s agreement, interest at the legal rate on monies previously withheld, and Cherokee’s full attorney’s costs. It also reaffirmed the validity of the original finder’s agreement between Cherokee Inc. and Mossimo Inc., further ordering that Cherokee is entitled to receive from Mossimo 15% of all monies received by Mossimo from Target Stores pursuant to Mossimo’s licensing agreement with Target Stores dated March 28, 2000 and from any future extensions. Cherokee now plans to move to collect all monies owed to them by Mossimo under the judgment. However, Cherokee understands that Mossimo has the right to appeal the judgment, and if they choose to do so, will be required to either pay Cherokee or post a bond for an amount one and one half times the amount of the judgment. In the event of an appeal and a posting of a bond, interest, now accruing at over $5,000 per week, will continue to accrue at the statutory rate.

 

Kyle Wescoat, Chief Financial Officer stated “ We are pleased that the judgment has now been entered by the Court. Although this asset continues to grow and accrue interest at a high rate, since we are not clear when we will be receiving payment, we are exploring alternatives such as the selling or insuring of this asset which could provide us with greater current liquidity.”

 

ITEM 7.    Exhibits.

 

Exhibit No.

  

Description


99.1    Press Release dated June 17, 2003

 

ITEM 9.    Registration FD Disclosure.

 

On June 17, 2003, Cherokee Inc. issued a press release, a copy of which is attached hereto as Exhibit 99.1 and is incorporated herein by reference.

 

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.

 

       

CHEROKEE INC.

Date: June 17, 2003


      By:  

/s/    KYLE B. WESCOAT        


            Name:   Kyle B. Wescoat
            Title:   Chief Financial Officer

 

 

EX-99.1 3 dex991.htm PRESS RELEASE DATED JUNE 17, 2003 Press Release dated June 17, 2003

Exhibit 99.1

 

Cherokee Inc.   Integrated Corporate Relations, Inc.

6835 Valjean Ave.

  3780 Kilroy Airport Way, Suite 200

Van Nuys, CA 91406

 

Long Beach, CA 90806

(818) 908-9868

 

(562) 256-7050

Contact: Kyle Wescoat, Chief Financial Officer

 

Contact: Brian Yarbrough, Director

 

For Immediate Release:

 

Court confirms Arbitration Award and enters Judgment in Cherokee’s

favor and denies Mossimo’s motion to vacate

 

VAN NUYS, CA. (June 17, 2003)- CHEROKEE INC. (NASDAQ:CHKE) announced today that the Los Angeles Superior Court confirmed the full award including finder’s fees withheld under the finder’s agreement, interest at the legal rate on monies previously withheld, and Cherokee’s full attorney’s costs. It also reaffirmed the validity of the original finder’s agreement between Cherokee Inc. and Mossimo Inc. (NASDAQ:MOSS), further ordering that Cherokee is entitled to receive from Mossimo 15% of all monies received by Mossimo from Target Stores pursuant to Mossimo’s licensing agreement with Target Stores dated March 28, 2000 and from any future extensions. Cherokee now plans to move to collect all monies owed to them by Mossimo under the judgment. However, Cherokee understands that Mossimo has the right to appeal the judgment, and if they choose to do so, will be required to either pay Cherokee or post a bond for an amount one and one half times the amount of the judgment. In the event of an appeal and a posting of a bond, interest, now accruing at over $5,000 per week, will continue to accrue at the statutory rate.

 

Kyle Wescoat, Chief Financial Officer stated “ We are pleased that the judgment has now been entered by the Court. Although this asset continues to grow and accrue interest at a high rate, since we are not clear when we will be receiving payment, we are exploring alternatives such as the selling or insuring of this asset which could provide us with greater current liquidity.”

 

Statements included within this release that are not historical in nature, including our exploring alternatives, constitute forward-looking statements for the purposes of the safe harbor provided by the Private Securities Litigation Reform Act of 1995. When used, the words “anticipates”, “believes”, “estimates”, “objective”, “expects”, “may”,” likely”, “should”, “could”, “possible, “plans”, “goals” and similar expressions are intended to identify such forward-looking statements. In particular, the forward-looking statements in this news release include statements regarding the Company’s goals for future growth in revenues, earning and dividends, the prospects of existing and new licensees such as Target Stores and Carrefour, and the Company’s pursuit of additional licensing opportunities or brands to acquire or represent and the outcome of our dispute with Mossimo Forward-looking statements involve known and unknown risks and uncertainties that may cause the actual results, performance or achievements of the Company to be materially different from any future results, performance or achievements expressed or implied by such forward-looking statements. Such risks and uncertainties, include, but are not limited to, the effect of national and regional economic conditions, the financial condition of the apparel industry and the retail industry, the overall level of consumer spending, the effect of intense competition in the industry in which the Company operates, adverse changes in licensee or consumer acceptance of products bearing the Company’s brands as a result of fashion trends or otherwise, the ability and/or commitment of the Company’s licensees to design, manufacture and market Cherokee and Sideout branded products, the Company’s dependence on a single licensee for most of the Company’s revenues, the Company’s dependence on its key management personnel, and adverse determinations of claims, liabilities or litigations, including our dispute with Mossimo, and the effect of a breach or termination by the Company of the

management agreement with the Company’s CEO. A further list and description of these risks, uncertainties and other matters can be found in the Company’s Annual Report on Form 10-K for Fiscal 2003, and in its periodic reports on Forms 10-Q and 8-K (if any). Undue reliance should not be placed on the forward-looking statements contained herein because some or all of them may turn out to be wrong. The Company disclaims any intent or obligation to update any of the forward-looking statements contained herein to reflect future events and developments.

 

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