-----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, PxjB43WXz00mF1rrm3BfA5Rt5Os0Mnv/dVYu1zmsjFcE3RFKTZxIUr7BGo5b0EoQ +XcxNVK7gI88uDB/3GB/lA== 0001157523-03-007503.txt : 20031222 0001157523-03-007503.hdr.sgml : 20031222 20031222104833 ACCESSION NUMBER: 0001157523-03-007503 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20031222 ITEM INFORMATION: Other events ITEM INFORMATION: Financial statements and exhibits FILED AS OF DATE: 20031222 FILER: COMPANY DATA: COMPANY CONFORMED NAME: K SWISS INC CENTRAL INDEX KEY: 0000862480 STANDARD INDUSTRIAL CLASSIFICATION: FOOTWEAR, (NO RUBBER) [3140] IRS NUMBER: 954265988 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-18490 FILM NUMBER: 031066689 BUSINESS ADDRESS: STREET 1: 31248 OAK CREST DRIVE CITY: WESTLAKE VILLAGE STATE: CA ZIP: 91361 BUSINESS PHONE: 8187065100 MAIL ADDRESS: STREET 1: 31248 OAK CREST DR CITY: WESTLAKE VILLAGE STATE: CA ZIP: 91361 8-K 1 a4538855.txt K-SWISS 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 OR 15(d) of the Securities Act of 1934 Date of Report (Date of earliest event reported) December 22, 2003 ----------------- K-SWISS INC. - -------------------------------------------------------------------------------- (Exact name of registrant as specified in its charter) Delaware 0-18490 95-4265988 - -------------------------------------------------------------------------------- (State or other jurisdiction of (Commission (I.R.S. Employer incorporation or organization) File Number) Identification No.) 31248 Oak Crest Drive, Westlake Village, CA 91361 - -------------------------------------------------------------------------------- (Address of principal executive offices) (Zip code) 818-706-5100 - -------------------------------------------------------------------------------- (Registrant's telephone number, including area code) N/A - -------------------------------------------------------------------------------- (Former name, former address and former fiscal year, if changed since last report.) Item 5. Other Events and Regulation FD Disclosure. On December 22, 2003, K-Swiss Inc. (the "Company") announced it has agreed with National Geographic to end their license agreement to develop and market a collection of National Geographic outdoor-oriented and casual footwear. A copy of the press release is attached hereto as Exhibit 99.1 and incorporated herein by reference. Item 7. Financial Statements and Exhibits. (c) Exhibits. Exhibit Number Description of Exhibit -------------- ---------------------- 99.1 Press release issued December 22, 2003. 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 thereunto duly authorized. K-Swiss Inc. Date: December 22, 2003 By: /s/ GEORGE POWLICK ------------------------------- George Powlick, Vice President Finance and Chief Financial Officer and Director EXHIBIT INDEX ------------- Exhibit Description - ------- ----------- 99.1 Press Release dated December 22, 2003. EX-99 3 a4538855_ex99.txt K-SWISS EXHIBIT 99.1 EXHIBIT 99.1 K-Swiss and National Geographic Terminate License Agreement WESTLAKE VILLAGE, Calif.--(BUSINESS WIRE)--Dec. 22, 2003--K-Swiss Inc. (NASDAQ/NM: KSWS) today announced it has agreed with National Geographic to end their license agreement to develop and market a collection of National Geographic outdoor-oriented and casual footwear. Steven Nichols, Chairman of the Board and President, stated, "National Geographic and K-Swiss have amicably agreed to dissolve their partnership for branded footwear. Although the initial reaction to the National Geographic line was well received by retailers and media, it turned out that attempting to implement this business strategy in the post-9/11 retail marketplace proved to be unfortunately timed. We wish National Geographic future success in all endeavors." The Company had previously accrued $4.3 million for anticipated royalty payments otherwise payable to National Geographic through December 31, 2005. During the fourth quarter of 2003, the Company expects to reverse $2.3 million of this pre-tax accrual and close its National Geographic operations. As a result, the Company's financial results for the fourth quarter will include an after-tax benefit of approximately $0.03 per diluted share on a split-adjusted basis. K-Swiss Inc. designs, develops and markets an array of athletic footwear for high performance sports use, fitness activities and casual wear under the K-Swiss brand. The Company also designs and manufactures footwear under the Royal Elastics brand. Royal Elastics, a wholly owned subsidiary, is the leading innovator of slip-on, laceless footwear. Certain matters discussed in this press release are subject to certain risks and uncertainties that could cause actual results to differ materially, including, but not limited to: non-achievement of the assumptions discussed herein, general and regional economic conditions, industry trends, merchandise trends, including market acceptance of the Company's training shoe and new Limited Edition lines, and Royal Elastics brand, market acceptance of the Company's casual product in Europe, customer demand, competition, the impact of terrorism and/or a potential global conflict on the worldwide economy, dependence on large customers and credit concentrations and order cancellations and reduced sales resulting from a slower worldwide economy. A complete description of these factors, as well as others which could affect the Company's business, is set forth in the Company's periodic filings, including its Form 10-Q for the quarter ended September 30, 2003, which is currently on file with the SEC. CONTACT: K-Swiss Inc. George Powlick, 818-706-5100 -----END PRIVACY-ENHANCED MESSAGE-----