-----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, BT4qemK6SpbiknjzUJ87WJpnBO+aYp6bu0im8Qo/TiRsHQJb4cfA24aOJp5Of2rM SuNub2OhxXAUZf2yL9D+7g== 0001092306-06-000285.txt : 20060418 0001092306-06-000285.hdr.sgml : 20060418 20060418170319 ACCESSION NUMBER: 0001092306-06-000285 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20060412 ITEM INFORMATION: Triggering Events That Accelerate or Increase a Direct Financial Obligation under an Off-Balance Sheet Arrangement FILED AS OF DATE: 20060418 DATE AS OF CHANGE: 20060418 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: 06765288 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 dhb8k.txt FORM 8-K DATED 04-12-06 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): April 12, 2006 DHB INDUSTRIES, INC. ______________________________________________________ (Exact name of registrant as specified in its charter) Delaware 001-13112 11-3129361 ________________________ ________________________ ______________________ (State of Incorporation) (Commission File Number) (IRS Employer Identification Number) 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) Not Applicable ______________________________________________ (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: [ ] 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 2.04. TRIGGERING EVENTS THAT ACCELERATE OR INCREASE A DIRECT FINANCIAL OBLIGATION OR AN OBLIGATION UNDER AN OFF-BALANCE SHEET ARRANGEMENT. On April 12, 2006, DHB Industries, Inc. (the "Company") and its subsidiaries received a Notice of Events of Default and Reservation of Rights (the "Notice") from Lasalle Business Credit, LLC, the lender (the "Lender"), under the Loan and Security Agreement, dated as of September 24, 2001, as amended (the "Loan Agreement"), by and among the Lender, certain subsidiaries of the Company, as borrowers, and the Company, as guarantor. The Notice asserted that certain events of default (the "Events of Default") exist under the Loan Agreement as a result of (1) the matters disclosed in (a) the Company' Current Report on Form 8-K filed on April 3, 2006, relating to non-reliance on 2005 interim financial statements and a delay in the filing of the Company's Annual Report on Form 10-K for the fiscal year ended December 31, 2005, and (b) the Company's Current Report on Form 8-K filed on April 7, 2006, relating to the receipt by the Company of notice from the American Stock Exchange of failure to satisfy certain continued listing standards, as well as (2) the failure of the Company to deliver copies of the disclosure contained in such Current Reports and related notices to the Lender. The Notice stated that, effective April 12, 2006, all loans under the Loan Agreement will bear interest at the rate of 2% per annum in excess of the rate otherwise payable on such loans. As of April 12, 2006, such default rate of interest would be 9.75% per annum. The Notice also advised the Company that the Lender reserves all of its rights and remedies under the Loan Agreement arising as a result of the Events of Default or any other event of default under the Loan Agreement. Under the Loan Agreement, upon the occurrence of an "Event of Default" (as defined therein), the Lender may, at its option, declare all loans and other amounts owed under the Loan Agreement immediately due and payable. As of April 18, 2006, loans in the aggregate amount of $20,547,915 were outstanding under the Loan Agreement. 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/ LARRY R. ELLIS __________________ Larry R. Ellis President Dated: April 18, 2006 -----END PRIVACY-ENHANCED MESSAGE-----