-----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, TnmfPUGeo+hVKsetRUvVEnB9nSp+DOR84XozNgYgei/a42KGClSZ1oXecGweKuii fXhT3zthdr4bPL/ajaFQNQ== 0001193125-07-202015.txt : 20070917 0001193125-07-202015.hdr.sgml : 20070917 20070917132143 ACCESSION NUMBER: 0001193125-07-202015 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20070914 ITEM INFORMATION: Other Events ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20070917 DATE AS OF CHANGE: 20070917 FILER: COMPANY DATA: COMPANY CONFORMED NAME: FINISH LINE INC /IN/ CENTRAL INDEX KEY: 0000886137 STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-SHOE STORES [5661] IRS NUMBER: 351537210 STATE OF INCORPORATION: IN FISCAL YEAR END: 0228 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-20184 FILM NUMBER: 071119586 BUSINESS ADDRESS: STREET 1: 3308 N MITTHOEFFER RD CITY: INDIANAPOLIS STATE: IN ZIP: 46235 BUSINESS PHONE: 3178991022 MAIL ADDRESS: STREET 1: 3308 N MITTHOEFFER ROAD CITY: INDIANAPOLIS STATE: IN ZIP: 46235 FORMER COMPANY: FORMER CONFORMED NAME: FINISH LINE INC /DE/ DATE OF NAME CHANGE: 19930328 8-K 1 d8k.htm FORM 8-K Form 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 EXCHANGE ACT OF 1934

DATE OF REPORT (DATE OF EARLIEST EVENT REPORTED): September 14, 2007

The Finish Line, Inc.

(Exact name of registrant as specified in its charter)

 

Indiana    0-20184    35-1537210

(State or other jurisdiction

of incorporation)

  

(Commission File Number)

   (I.R.S. Employer

Identification No.)

3308 North Mitthoeffer Road

Indianapolis, Indiana

      46235
(Address of principal executive offices)       (Zip Code)

Registrant’s telephone number, including area code: (317) 899-1022

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instructions A.2 below):

 

¨ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

¨ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 


Item 8.01 Other Events

On September 14, 2007, The Finish Line, Inc. (the “Company”) issued a press release announcing that it had received two letters from UBS Loan Finance LLC and UBS Securities LLC (collectively, “UBS”). As previously announced, UBS provided the Company with a commitment letter regarding financing for its proposed acquisition of Genesco Inc. A copy of the press release is attached as Exhibit 99.1 hereto.

Item 9.01 Financial Statements and Exhibits

 

(d) Exhibits:

Exhibit 99.1         Press release dated September 14, 2007

 


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.

 

The Finish Line, Inc.
By:   /s/    Kevin S. Wampler

Kevin S. Wampler

Executive Vice President, CFO and Assistant Secretary

Dated: September 17, 2007

EX-99.1 2 dex991.htm PRESS RELEASE Press Release

Exhibit 99.1

FINISH LINE RECEIVES LETTERS FROM UBS REGARDING GENESCO TRANSACTION

INDIANAPOLIS September 14, 2007 – The Finish Line, Inc. (NASDAQ:FINL) today said that the Company has received two letters from UBS Loan Finance LLC and UBS Securities LLC (collectively “UBS”), which have been provided to Genesco Inc. (NYSE: GCO). As previously announced, UBS provided The Finish Line with a commitment letter regarding financing for its proposed acquisition of Genesco.

In its September 11, 2007 letter, UBS states, among other things, “We hereby notify you that we reserve all rights with respect to our obligation to complete the financings as outlined under the commitment letter. While we will continue to pursue this matter in good faith, we are extremely concerned about the apparent deteriorating financial position of [Genesco]. We are continuing to actively monitor this situation, and look forward to your continued cooperation.”

In reviewing its concerns regarding Genesco’s financial performance, UBS states, among other things, in its September 13, 2007 letter that:

“[O]ur agreement to perform under the Commitment Letter may be terminated if a Material Adverse Effect has occurred with respect to Genesco. As of today, we are not yet satisfied that Genesco has not experienced a Material Adverse Effect.

….

Based on the foregoing, we ask that you cause Genesco and its representatives and advisors to provide all financial and other information that we request so that we may conclude whether a Material Adverse Effect has occurred. As part of that effort, we request that you cause Genesco to grant an expert retained by UBS unfettered access to Genesco’s books and records and other financial information. In addition to the above steps, we expect your commercially reasonable efforts and active assistance to help us obtain the information we request. A list of additional requested information will follow under separate cover.

As we have done to date, we will continue to work with you in an effort to prepare documents that may be needed for any potential closing. Please understand, however, that our efforts in doing so remain subject to a reservation of rights concerning any Material Adverse Effect. We also continue to reserve all other rights as referenced in our letter dated September 11, 2007.”

The Finish Line does not intend to make further comments at this time.

About The Finish Line

The Finish Line, Inc. is one of the largest mall-based specialty retailers operating under the Finish Line, Man Alive and Paiva brand names. The Finish Line, Inc. is publicly traded on the NASDAQ Global Select Market under the symbol FINL. The Company currently operates 696 Finish Line stores in 47 states and online, 95 Man Alive stores in 19 states and 15 Paiva stores in 10 states and online. To learn more about these brands, visit http://www.finishline.com, http://www.manalive.com and http://www.paiva.com.

 


Forward-looking Statements

Certain statements contained in this press release regard matters that are not historical facts and are forward looking statements within the meaning of the “safe harbor” provisions of the Private Securities Litigation Reform Act of 1995, as amended, and the rules promulgated pursuant to the Securities Act of 1933, as amended. These forward-looking statements generally can be identified by use of statements that include words such as “expect,” “anticipate,” “believe,” “plan,” and other similar words. Forward-looking statements include, without limitation, statements regarding the merger agreement and the transactions contemplated thereby.

Because such forward looking statements contain risks and uncertainties, actual results may differ materially from those expressed in or implied by such forward looking statements. Factors that could cause actual results to differ materially include matters relating to the merger agreement and the transactions contemplated thereby.

The company undertakes no obligation to release publicly the results of any revisions to these forward looking statements that may be made to reflect events or circumstances after the date hereof or to reflect the occurrence of unanticipated events.

CONTACTS:

Investor Relations,

Kevin S. Wampler, Executive Vice President—CFO,

317-899-1022, ext 6914

Media Requests,

Elise Hasbrook, Corporate Communications Manager,

317-899-1022, ext 6827

-----END PRIVACY-ENHANCED MESSAGE-----