-----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, PWLGYmioLbQOLsVlC2eQ9wHg9ZCipWxrPirNM/DK0bV4T2UiX0tLsDUNz+Du2/wt OE6jemd1+gtg9Iu7noQGcg== 0000950144-99-011728.txt : 19991018 0000950144-99-011728.hdr.sgml : 19991018 ACCESSION NUMBER: 0000950144-99-011728 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 19991004 ITEM INFORMATION: FILED AS OF DATE: 19991008 FILER: COMPANY DATA: COMPANY CONFORMED NAME: MAXXIM MEDICAL INC CENTRAL INDEX KEY: 0000858660 STANDARD INDUSTRIAL CLASSIFICATION: ORTHOPEDIC, PROSTHETIC & SURGICAL APPLIANCES & SUPPLIES [3842] IRS NUMBER: 760291634 STATE OF INCORPORATION: TX FISCAL YEAR END: 1031 FILING VALUES: FORM TYPE: 8-K SEC ACT: SEC FILE NUMBER: 001-10600 FILM NUMBER: 99724976 BUSINESS ADDRESS: STREET 1: 10300 49TH ST N CITY: CLEARWATER STATE: FL ZIP: 33762 BUSINESS PHONE: 7275612100 MAIL ADDRESS: STREET 1: 10300 49TH STREET NORTH CITY: CLEARWATER STATE: FL ZIP: 33762 8-K 1 MAXXIM MEDICAL, INC. 1 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): October 4, 1999 MAXXIM MEDICAL, INC. -------------------- (Exact name of registrant as specified in its charter) Texas 0-18208 76-0291634 ----- ------- ---------- (State or other jurisdiction (Commission (IRS Employer of incorporation) File Number) Identification No.) 10300 49th Street North Clearwater, Florida 33762 ----------------------- ----- (Address of principal executive offices) (Zip Code) Registrant's telephone number, including area code: 727-561-2100 2 ITEM 5. OTHER EVENTS. LEGAL PROCEEDINGS On October 4, 1999, the Registrant was served with a complaint filed in state court in Henderson County, Texas, naming the Registrant and its directors as defendants. The complaint is brought on behalf of a purported class of public shareholders of the Registrant and alleges, among other things, that the consideration being offered to the public shareholders of the Registrant in connection with the proposed merger between the Registrant and Fox Paine Medic Acquisition Corporation (the "Merger") is unfair and inadequate and that the directors of the Registrant breached their fiduciary duties by failing to obtain the best price for the Registrant. As relief, the complaint seeks, among other things, an injunction against completion of the Merger, and damages in an unspecified amount. This case is titled Krim v. Maxxim Medical, Inc., et. al., No. 99-143 (3rd Judl. Dist., Henderson Cty., Tex). The defendants in this action believe the allegations of the complaint are without merit and intend to vigorously defend the lawsuit. With regard to the previously disclosed action titled Steiner v. Maxxim Medical, Inc., et. al., No. 1999-30682 (281st Judl. Dist., Harris Cty., Tex), a court order was entered on August 16, 1999 granting the plaintiff's request that the action be dismissed without prejudice. 3 SIGNATURE 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 thereunto duly authorized. MAXXIM MEDICAL, INC. By: /s/ Alan S. Blazei ------------------------------------- Alan S. Blazei Executive Vice President, Treasurer and Controller (Principal Accounting Officer) Dated: October 7, 1999 -----END PRIVACY-ENHANCED MESSAGE-----