-----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, SPsC7KXBbanEekOUIlF5Qx5CBOHOvrLzVgocXNe/VFR8NOvRPGubZKjmuo/kBYMx 6bUVXPM6iClXaMNioFATmA== 0001092306-05-000438.txt : 20050831 0001092306-05-000438.hdr.sgml : 20050831 20050831160615 ACCESSION NUMBER: 0001092306-05-000438 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20050829 ITEM INFORMATION: Other Events ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20050831 DATE AS OF CHANGE: 20050831 FILER: COMPANY DATA: COMPANY CONFORMED NAME: DHB INDUSTRIES INC CENTRAL INDEX KEY: 0000899166 STANDARD INDUSTRIAL CLASSIFICATION: ORTHOPEDIC, PROSTHETIC & SURGICAL APPLIANCES & SUPPLIES [3842] IRS NUMBER: 113129361 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-13112 FILM NUMBER: 051061968 BUSINESS ADDRESS: STREET 1: 555 WESTBURY AVE CITY: CARLE PLACE STATE: NY ZIP: 11514 BUSINESS PHONE: 5169971155 MAIL ADDRESS: STREET 1: 555 WESTBURY AVE CITY: CARLE PLACE STATE: NY ZIP: 11514 FORMER COMPANY: FORMER CONFORMED NAME: DHB CAPITAL GROUP INC /DE/ DATE OF NAME CHANGE: 19960518 8-K 1 form8k082905.txt FORM 8-K DATED 08-29-05 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): August 29, 2005 DHB INDUSTRIES, INC. ------------------------------------------------------ (Exact name of registrant as specified in its charter) Delaware 001-13112 11-3129361 -------------------------------- ------------ --------------------- (State or other jurisdiction of (Commission (I.R.S. Employer incorporation) File Number) Identification No.) 400 Post Avenue, Suite 303, Westbury, New York 11590 - ---------------------------------------------- ---------- (Address of principal executive office) (Zip Code) (516) 997-1155 - ---------------------------------------------------- (Registrant's telephone number, including area code) N/A -------------------------------------------------------------- (Former name or former address, if changed since last report.) 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 Instruction 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. DHB Industries, Inc operating principally in the growing field of body armor, announced on August 30, 2005 that, although it remains confident in the safety and performance of its body armor products containing Zylon(R), it discontinued the use of Zylon(R) in its bullet resistant products on August 24, 2005. The Company ceased production of all Zylon(R)-containing bullet resistant products due to the National Institute of Justice's (NIJ) decision to revoke the NIJ's previously issued certifications of all vests containing Zylon(R) in the marketplace. The Company also announced that it will be implementing a Voluntary Replacement Program to assist its customers who presently have non NIJ-compliant Zylon(R) body armor. This Voluntary Replacement Program is not a product recall. This action is a result of the de-certification by the NIJ of body armor with Zylon(R), which will result in certain customers having body armor that will not be in compliance with the new NIJ requirements. This program will assist the law enforcement community in replacing its Zylon(R) body armor with, NIJ-compliant body armor. The Company will record a charge to third quarter earnings to account for the anticipated cost of the Zylon(R) Replacement Program and discontinued sales of products that contain Zylon(R). The amount of the third quarter charge has not yet been finalized, but is not expected to exceed $60 million. A copy of the news release announcing the foregoing is attached as Exhibit 99.1 to this report. ITEM 9.01 FINANCIAL STATEMENTS AND EXHIBITS. (c) The following Exhibit is filed as part of this Current Report on Form 8-K: EXHIBIT 99.1 NEWS RELEASE OF DHB INDUSTRIES, INC. DATED AUGUST 30, 2005. 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. DHB INDUSTRIES, INC. By: /s/ DAWN M. SCHLEGEL --------------------- Dawn M. Schlegel Chief Financial Officer Dated: August 31, 2005 EXHIBIT INDEX 99.1 News Release of DHB Industries, Inc. dated August 30, 2005. EX-99.1 2 ex99-1.txt PRESS RELEASE EXHIBIT 99.1 [DHB LOGO GOES HERE] NEWS FROM DHB INDUSTRIES INC. 400 Post Avenue, Suite 303 * Westbury, NY 11590 T:516/997-1155 * F:516/997-1144 www.dhbindustries.com COMPANY CONTACT: Dawn Schlegel, CFO DHB Industries Inc. 516/997-1155 dschlegel@dhbt.com FOR IMMEDIATE RELEASE DHB CONFIRMS COMMITMENT TO OFFICER SAFETY DHB DISCONTINUES USE OF ZYLON(R) IN BULLET RESISTANT PRODUCTS ANNOUNCES VOLUNTARY REPLACEMENT PROGRAM FOR NON-COMPLIANT VESTS PRELIMINARILY ESTIMATES A $60 MILLION CHARGE TO THIRD QUARTER 2005 EARNINGS Westbury, NY August 30, 2005. DHB Industries Inc. (AMEX:DHB), operating principally in the growing field of body armor, announced today that although it remains confident in the safety and performance of its body armor products containing Zylon(R), it has discontinued the use of Zylon(R) in its bullet resistant products on August 24, 2005. The Company has ceased production of all Zylon(R)-containing bullet resistant products due to the National Institute of Justice's (NIJ) decision to revoke the NIJ's previously issued certifications of all vests containing Zylon(R) in the marketplace. The Company also announces that it will be implementing a Voluntary Replacement Program to assist its customers who presently have non NIJ-compliant Zylon(R) body armor. It is important to note that this Voluntary Replacement Program is not a product recall. This action is a result of the de-certification by the NIJ of body armor with Zylon(R), which will result in certain customers having body armor that will not be in compliance with the new NIJ requirements. This program will assist the law enforcement community in replacing its Zylon(R) body armor with, NIJ-compliant body armor. "We will diligently work with our customers to address these issues. Officer safety is and will remain our number one priority," stated General (Ret.) Larry Ellis, DHB's President. He continued, "It is our intent to work with the law enforcement community to supply them with replacement vests as rapidly as possible. We encourage all those presently using bullet resistant body armor containing Zylon(R) to continue wearing their body armor as recommended by the Department of Justice, until their vest have been replaced or exchanged. We believe that, based upon testing and research, that our vests are safe for use by officers in the field." The Company will record a charge to third quarter earnings to account for the anticipated cost of the Zylon(R) Replacement Program and discontinued sales of products that contain Zylon(R). The amount of the third quarter charge has not yet been finalized, but is not expected to exceed $60 million. ABOUT DHB INDUSTRIES, INC. DHB Industries Inc.'s Armor Group is in the growing protective body armor industry. Its highly recognized subsidiaries, Point Blank Body Armor Inc. (HTTP://WWW.POINTBLANKARMOR.COM) and Protective Apparel Corporation of America (PACA) (HTTP://WWW.PACABODYARMOR.COM) are focused on the design, manufacture, and distribution of bullet resistant and protective body armor for military, law enforcement, and corrections in the US and worldwide. DHB Armor Group's customers include the U.S. Army, Air Force, Navy, Marines, Coast Guard, Secret Service, FBI, DEA, INS, ATF, NATO, U.S. Marshals, the NYC Police Department, the LA Police Department, and the California Highway Patrol. DHB Sports Group produces and markets a comprehensive line of athletic supports and braces which are merchandised through national superstore chains including Target and Wal-Mart, as well as private label distributors such as Meijer, Amerisource, Cardinal Health, and CDMA. DHB maintains facilities in Westbury, NY, Deerfield Beach, FL, Pompano Beach, FL, Oakland Park, FL, Jacksboro, TN, and Arlington, VA. To learn more about DHB Industries Inc., visit the website at HTTP://WWW.DHBINDUSTRIES.COM. SAFE HARBOR STATEMENT UNDER THE PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995: THE STATEMENTS WHICH ARE NOT HISTORICAL FACTS CONTAINED IN THIS PRESS RELEASE ARE FORWARD-LOOKING STATEMENTS THAT INVOLVE CERTAIN RISKS AND UNCERTAINTIES INCLUDING BUT NOT LIMITED TO RISKS ASSOCIATED WITH THE UNCERTAINTY OF FUTURE FINANCIAL RESULTS, ADDITIONAL FINANCING REQUIREMENTS, DEVELOPMENT OF NEW PRODUCTS, GOVERNMENT APPROVAL PROCESSES, THE IMPACT OF COMPETITIVE PRODUCTS OR PRICING, TECHNOLOGICAL CHANGES, THE EFFECT OF POLITICAL AND ECONOMIC CONDITIONS AND OTHER UNCERTAINTIES DETAILED IN THE COMPANY'S FILINGS WITH THE SECURITIES AND EXCHANGE COMMISSION. -----END PRIVACY-ENHANCED MESSAGE-----