-----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, Fkp3jEQxSHA+B5RGaueTBIul9QgKgfo2hNqTMIMBa8cWkXwscWhqXxXRzPc143Hx ly3i+JRZlYXKLIpn9mLjOA== 0001157523-03-002344.txt : 20030606 0001157523-03-002344.hdr.sgml : 20030606 20030605190330 ACCESSION NUMBER: 0001157523-03-002344 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20030603 ITEM INFORMATION: Bankruptcy or receivership ITEM INFORMATION: Other events ITEM INFORMATION: Financial statements and exhibits FILED AS OF DATE: 20030606 FILER: COMPANY DATA: COMPANY CONFORMED NAME: DAISYTEK INTERNATIONAL CORPORATION /DE/ CENTRAL INDEX KEY: 0000887403 STANDARD INDUSTRIAL CLASSIFICATION: WHOLESALE-PAPER AND PAPER PRODUCTS [5110] IRS NUMBER: 752421746 STATE OF INCORPORATION: DE FISCAL YEAR END: 0331 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-25400 FILM NUMBER: 03734897 BUSINESS ADDRESS: STREET 1: 1025 CENTRAL EXPRESSWAY SOUTH STE 200 CITY: ALLEN STATE: TX ZIP: 75013 BUSINESS PHONE: 9728814700 MAIL ADDRESS: STREET 1: 1025 CENTRAL EXPRESSWAY SOUTH STE 200 CITY: ALLEN STATE: TX ZIP: 75013 8-K 1 a4409733.txt DAISYTEK 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 (date of earliest event reported): June 3, 2003 Daisytek International Corporation (Exact Name of Registrant as Specified in Charter) Delaware 0-25400 75-2421746 --------------- -------------- ----------------- (State or other (Commission (I.R.S. Employer jurisdiction of File Number) Identification No.) incorporation) 1025 Central Expressway South, Suite 200 Allen, Texas 75013 (Address of Principal Executive Offices, including zip code) (972) 881-4700 (Registrant's Telephone Number, including area code) N/A (Former Name or Former Address, if Changed Since Last Report) ITEM 3. BANKRUPTCY OR RECEIVERSHIP On June 3, 2003, Daisytek International Corporation (the "Company") filed a voluntary petition under Chapter 11 of the U.S. Bankruptcy Code in the United States Bankruptcy Court for the Northern District of Texas, Dallas Division, under Case No. 03-35724-SAF-11. Joint administration of the Company's Chapter 11 case has been granted in connection with the petitions filed by Company subsidiaries Daisytek, Incorporated, Arlington Industries, Inc., Daisytek Latin America, Inc., Tapebargains.com, Virtual Demand, Inc., B.A. Pargh Company, The Tape Company and Digital Storage, Inc. under Chapter 11 on May 7, 2003. All of these Chapter 11 cases are being jointly administered under Case No. 03-342762-HDH-11. Daisytek International Corporation remains in possession of its assets and properties, and continues to operate its businesses and manage its properties as "debtor-in-possession" pursuant to the Bankruptcy Code. On June 3, 2003, the Company issued a news release relating to the foregoing. A copy of the news release is filed herewith as Exhibit 99.1. ITEM 5. OTHER EVENTS The Company accepted the resignations of Daniel T. Owen and Peter P.J. Vikanis from the Company's board of directors, effective upon the Company's filing of the Chapter 11 petition on June 3, 2003. ITEM 7. FINANCIAL STATEMENTS AND EXHIBITS (a) Financial statements of business acquired Not applicable (b) Pro forma financial information Not applicable (c) Exhibits 99.1 Press Release dated June 3, 2003. SIGNATURE 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. DAISYTEK INTERNATIONAL CORPORATION By: /s/ ERIC T. LOGAN ----------------------------------- Eric T. Logan Interim Chief Financial Officer Dated: June 5, 2003 Index to Exhibits Exhibit Number Description ------- ----------- 99.1 Press Release dated June 3, 2003. EX-99 3 a4409733_ex991.txt DAISYTEK EXHIBIT 99.1 Exhibit 99.1 Daisytek International Corporation Voluntarily Files for Chapter 11 Reorganization ALLEN, Texas--(BUSINESS WIRE)--June 3, 2003--Daisytek International Corporation (Nasdaq:DZTK) today announced that it has filed a voluntary petition for reorganization under Chapter 11 of the U.S. Bankruptcy Code. The petition was filed in Dallas, Texas. Prior to today's Chapter 11 filing by Daisytek International Corp., the company's primary operating subsidiary, Daisytek, Incorporated and a number of its U.S. operating subsidiaries, including Arlington Industries, Inc., Digital Storage Inc. and The Tape Company, filed voluntary petitions for reorganization under Chapter 11 of the U.S. Bankruptcy Code on May 7, 2003 in Dallas, Texas. On May 16, 2003 the boards of directors for U.K.-based ISA International plc and Daisytek Australia each appointed a Voluntary Administrator to assume day-to-day management of operations. PricewaterhouseCoopers LLP, the Voluntary Administrator appointed by ISA International's board of directors, subsequently sold the business and assets of the U.K. and the Republic of Ireland businesses, together with the equity in the Swedish and Norwegian companies of ISA International. It is unlikely that the shareholders of Daisytek International Corp. will realize any value from the company's Chapter 11 case. Last week, Daisytek's U.S. lending syndicate filed a Motion for Relief from the Automatic Stay with the bankruptcy court as contemplated by the Agreed Cash Collateral Order of May 21, 2003. Such motion, if granted, would enable the lenders to enforce their liens on Daisytek assets. Daisytek intends to vigorously oppose such a motion. Under the cash collateral order, Daisytek's U.S. subsidiaries received consensual approval from the bankruptcy court and its U.S. lending syndicate to use a significant percentage of the lenders' cash collateral through June 13, 2003 to pay for operating expenses and to increase inventory levels at Arlington Industries and The Tape Company. The company continues to conduct negotiations with creditors of its U.S. subsidiaries and to pursue the reorganization process in the court. Currently, the company does not anticipate that it will resume taking orders from the Allen, Texas operations facility, nor does the company intend to resume shipments from its Memphis, Tenn., Bakersfield, Calif. or Albany, NY distribution centers. These locations comprised the primary operational facilities for the Daisytek, Incorporated subsidiary. Daisytek's Mexico and Canadian operations, which are independently funded in their respective countries and have not been included in any bankruptcy filings, continue to report business as usual. About Daisytek Daisytek is a global distributor of computer supplies, office products and accessories and professional tape media. Daisytek is a registered trademark of Daisytek, Incorporated. All rights reserved. The matters discussed in this news release contain both historical and forward-looking statements. All statements other than statements of historical fact are, or may be deemed to be, forward-looking information within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Act of 1934, as amended. You can identify these statements by the fact that they do not relate strictly to historical or current facts, but rather reflect our current expectations concerning future results and events. Forward-looking statements relating to such matters as our financial condition and operations, including forecasted information, are based on our management's current intent, belief or expectations regarding our industry or us. These forward-looking statements including forecasts are not guarantees of future performance and involve risks, uncertainties and assumptions that are difficult to predict. In addition, some forward-looking statements are based upon assumptions as to future events that may not prove to be accurate. Therefore, actual outcomes and results may differ materially from what is expected or forecasted in such forward-looking statements. We undertake no obligation to update publicly any forward-looking statement for any reason, even if new information becomes available or other events occur in the future. Certain factors, including but not limited to, general economic conditions, industry trends, the loss or inability to hire skilled personnel, the loss of key suppliers or customers, the loss or material decline in service of strategic product shipping relations, customer demand, product availability, competition (including pricing and availability), risks inherent in acquiring, integrating and operating new businesses and investments, concentrations of credit risk, distribution efficiencies, capacity constraints, technological difficulties (including equipment failure or a breach of our security measures), the volatility of our common stock, economic and political uncertainties arising as a result of terrorist attacks, seasonality, exchange rate fluctuations, foreign currency devaluations, economic and political uncertainties in international markets, potential obligations under operating lease commitments of our former subsidiary PFSweb and the regulatory and trade environment (both domestic and foreign) could cause our actual results to differ materially from the anticipated results or other expectations expressed in our forward-looking statements. There may be additional risks that we do not currently view as material or that are not presently known. Other factors that could affect Daisytek are set forth in Daisytek's 10-K for fiscal year ended March 31, 2002. CONTACT: Daisytek International, Allen Barbara Benson, 972-881-4700 bbenson@daisytek.com or Ketchum Teresa Henderson, 214-259-3449/214-668-6229 teresa.henderson@ketchum.com -----END PRIVACY-ENHANCED MESSAGE-----