-----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, NDfT4huVSbH2M5RaeLY1XIObphmPinPdtNA702fHm0DqiRX4d5GxprLk+jUPF6SE 0/9X9XXbcmVmLHX9Frn5Qg== 0000950172-04-001349.txt : 20040528 0000950172-04-001349.hdr.sgml : 20040528 20040528164924 ACCESSION NUMBER: 0000950172-04-001349 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20040528 ITEM INFORMATION: Other events ITEM INFORMATION: Financial statements and exhibits FILED AS OF DATE: 20040528 FILER: COMPANY DATA: COMPANY CONFORMED NAME: ROCK OF AGES CORP CENTRAL INDEX KEY: 0000084581 STANDARD INDUSTRIAL CLASSIFICATION: CUT STONE & STONE PRODUCTS [3281] IRS NUMBER: 030153200 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-29464 FILM NUMBER: 04838962 BUSINESS ADDRESS: STREET 1: 369 NORTH STATE STREET CITY: CONCORD STATE: NH ZIP: 03301 BUSINESS PHONE: 6032258397 MAIL ADDRESS: STREET 1: 369 NO STATE STREET CITY: CONCORD STATE: NH ZIP: 03301 8-K 1 s307656.txt CURRENT REPORT UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 ____________ FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 May 28, 2004 ----------------------------------------------- Date of report (Date of earliest event reported) ROCK OF AGES CORPORATION --------------------------------------------------- (Exact Name of Registrant as Specified in Charter) Delaware 000-29464 03-0153200 - ---------------------------- --------------------- ------------------- (State or Other Jurisdiction (Commission File No.) (IRS Employer of Incorporation) Identification No.) 772 Graniteville Road, Graniteville, Vermont 05654 ------------------------------------------------------------ (Address of Principal Executive Offices, Including Zip Code) (802) 476-3121 -------------------------------------------------- (Registrant's telephone number, including area code) ------------------------------------------------------------- (Former Name or Former Address, If Changed Since Last Report) ITEM 5. OTHER EVENTS AND REQUIRED FD DISCLOSURE. On May 28, 2004, Rock of Ages Corporation (the "Company") announced that it had received notice that the decision of the arbitral tribunal in the pending ICC arbitration, Granite Stone Business International Sarl (f/k/a Eurimex SA) v. Rock of Ages Corporation, had been submitted for review by the ICC, and that the deadline for issuance by the ICC Court of a final decision in such arbitration had been extended from May 31, 2004 to August 31, 2004. The Company's announcement said the Company expected to receive a decision well before the August 31 deadline. The press release issued by the Company on May 28, 2004 is attached as Exhibit 99.1 hereto and is incorporated by reference herein. ITEM 7. FINANCIAL STATEMENTS, PRO FORMA FINANCIAL INFORMATION AND EXHIBITS. (c) Exhibits. 99.1 Press Release issued by Rock of Ages Corporation on May 28, 2004. 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. ROCK OF AGES CORPORATION By: /s/ Michael Tule --------------------------- Michael Tule Vice President/General Counsel Dated: May 28, 2004 EXHIBIT INDEX EXHIBIT NO. DESCRIPTION ____________ _______________________________________________ 99.1 Press Release issued by Rock of Ages Corporation on May 28, 2004. EX-99 2 s307657.txt EXHIBIT 99.1 PRESS RELEASE Exhibit 99.1 Press Release issued by Rock of Ages Corporation on May 28, 2004. EXHIBIT 99.1
- -------------------------------------------------------------------------------------------------------- [GRAPHIC OMITTED] Rock of Ages INVESTOR CONTACT: COMPANY CONTACT: Neil G Berkman Kurt Swenson Berkman Associates Chairman & CEO (310) 277-5162 (603) 225-8397 FOR IMMEDIATE RELEASE info@BerkmanAssociates.com www.RockofAges.com - --------------------------------------------------------------------------------------------------------
ROCK OF AGES GIVES UPDATE ON EURIMEX ARBITRATION CONCORD, NEW HAMPSHIRE, May 28, 2004 . . . ROCK OF AGES CORPORATION (NASDAQ/NMS: ROAC) announced that it has received notice today that the decision of the arbitral tribunal in the Eurimex arbitration has been submitted for review by the International Chamber of Commerce ("ICC"), and that the deadline for issuance by the ICC Court of a final decision in the Eurimex arbitration has been extended from May 31, 2004 until August 31, 2004. The Company said it currently expects to receive a decision well before the August 31 deadline. On April 18, 2001, the Company received a Request for Arbitration from its former distributor outside the United States, Eurimex, S.A., in connection with the termination of two distribution agreements for certain of the Company's granite products. The arbitration hearing took place in Luxembourg during the week of May 24, 2003. Since completion of the arbitration hearing, the Company has been awaiting the issuance of the decision. The Company believes that it has established adequate reserves to cover anticipated legal fees and expenses in connection with the review of the decision by its attorneys, but this reserve does not contain any provision for an adverse judgment because it is management's opinion that the Company will prevail in this matter. Michael B. Tule, Vice President/General Counsel of the Company said that since the decision has been submitted by the arbitral tribunal to the ICC, according to ICC rules the ICC Court will review the form of the decision and ensure that it is accurate and complete before it is finally issued to the parties. The Company has requested that the ICC expedite the review and issuance of the decision. ABOUT ROCK OF AGES Rock of Ages (www.RockofAges.com) is the largest integrated granite quarrier, manufacturer and retailer of finished granite memorials and granite blocks for memorial use in North America. FORWARD-LOOKING STATEMENTS This press release may contain forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. These statements are based on current expectations, estimates and projections about our business based, in part, on assumptions made by management. These statements are not guarantees of future performance and involve risks, uncertainties and assumptions that are difficult to predict. Therefore, actual outcomes and results may differ materially from what is expressed or forecasted in such forward-looking statements due to numerous factors, including the following: our ability to successfully execute our strategy to expand our business through acquisitions, opening new stores and maintaining our relationships with independent retailers; changes in demand for the Company's products, product mix, the timing of customer orders and deliveries due to seasonal and other factors; the impact of competitive products and pricing; the loss of key personnel or the inability to attract and retain additional qualified personnel; and other risks discussed from time to time in the Company's Securities and Exchange Commission filings and reports. In addition, such statements could be affected by general industry and market conditions and growth rates, and general domestic and international economic conditions. Such forward looking statements speak only as of the date on which they are made, and the Company does not undertake any obligation to update any forward-looking statement to reflect events or circumstances which may take place after the date of this release. * * * * * -----END PRIVACY-ENHANCED MESSAGE-----