-----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, UBZRxaaGqe0BW6zZPLgLGvDlOyzKY68IBaDZjhTbv2pPf5Sbp+1LPRHiCFWQet4Y zi6b/4kTf0HmLzLpgFDFDg== 0000909334-03-000006.txt : 20030114 0000909334-03-000006.hdr.sgml : 20030114 20030110112226 ACCESSION NUMBER: 0000909334-03-000006 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20030108 ITEM INFORMATION: Other events ITEM INFORMATION: Financial statements and exhibits FILED AS OF DATE: 20030110 FILER: COMPANY DATA: COMPANY CONFORMED NAME: BEARD CO /OK CENTRAL INDEX KEY: 0000909992 STANDARD INDUSTRIAL CLASSIFICATION: INDUSTRIAL INORGANIC CHEMICALS [2810] IRS NUMBER: 730970298 STATE OF INCORPORATION: OK FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-12396 FILM NUMBER: 03510021 BUSINESS ADDRESS: STREET 1: 5600 N MAY AVE STREET 2: STE 320 CITY: OKLAHOMA CITY STATE: OK ZIP: 73112 BUSINESS PHONE: 4058422333 MAIL ADDRESS: STREET 1: 5600 N MAY STREET 2: STE 320 CITY: OKLAHOMA CITY STATE: OK ZIP: 73112 FORMER COMPANY: FORMER CONFORMED NAME: BEARD INVESTMENT CO DATE OF NAME CHANGE: 19930730 8-K 1 bcform8k-11003.txt 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 January 10, 2003 Date of earliest event reported January 8, 2003 THE BEARD COMPANY (Exact name of registrant as specified in its charter) Oklahoma 0-12396 73-0970298 (State or other jurisdiction of (Commission File Number) (I.R.S. Employer incorporation or organization) Identification Number) Enterprise Plaza 5600 N. May Avenue Suite 320 Oklahoma City, Oklahoma 73112 (Address of principal executive offices) (Zip Code) N/A (Former name or former address, if changed since last report) THE BEARD COMPANY FORM 8-K Item 5. Other Events. Complete details concerning the matter requiring the filing of this report are set forth in the News Release attached as Exhibit 99 hereto, which is incorporated herein by reference. Item 7. Financial Statements and Exhibits. (c) The following exhibits are filed with this Form 8-K and are identified by the numbers indicated: Exhibit No. Description --- ----------- 99 Press Release dated January 9, 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 hereunto duly authorized. THE BEARD COMPANY /s/Herb Mee, Jr. ______________________ Herb Mee, Jr., President Date: January 10, 2003 EX-99 3 bcexh99-11003.txt Exhibit 99 News Release [The Beard Company Logo] THE BEARD COMPANY Herb Mee, Jr., President Enterprise Plaza, Suite 320 5600 North May Avenue Oklahoma City, Oklahoma 73112 (405) 842-2333 OTCBB: BRCO THE BEARD COMPANY ADVISES THAT TENTH CIRCUIT COURT OF APPEALS HAS AFFIRMED THE COURT ORDER APPROVING THE McELMO DOME SETTLEMENT FOR IMMEDIATE RELEASE: Thursday, January 9, 2003 Oklahoma City, Oklahoma --- The Beard Company (OTCBB:BRCO) today reported that on December 24, 2002, the Tenth Circuit Court of Appeals issued an Opinion affirming the May 6, 2002 decision of Judge Weinshienk of the Colorado District Court which approved the Settlement, the allocation thereof, attorneys' fees and other matters. The Circuit Court carefully considered and fully reviewed all of the Objectors' arguments and affirmed the District Court's judgment. The 11 parties ("Objectors") who objected to the Settlement, who collectively are entitled to receive $106,500 or two-tenths of one percent (0.2%) of the $51 million cash settlement ("Settlement"), had 14 days from December 24 in which to ask the Court to rehear the appeal, but elected not to do so. The Objectors have until March 24, 2003 to petition the U.S. Supreme Court for review. The U.S. Supreme Court takes very few cases and our counsel think it is unlikely that court would have any interest in this case. Our counsel also believe the Objectors will be reluctant to continue to appeal particularly considering their exposure to appeal costs which could be as high as $1.5 million based on Plaintiffs' cost claims alone. If no petition to the U.S. Supreme Court is filed, the Settlement will be final in late March 2003, meaning the distribution of Settlement funds can begin at that time according to the terms of the Settlement Agreement. Herb Mee, Jr., President of the Company, stated: "Because the Settlement funds are accruing interest at 8% from August 21, 2001 until the final payment, we presently estimate that the Company's share thereof will be in excess of $3.75 million. Nearly all of such funds will flow to the bottom line with the exception of an estimated 2% which will go for Federal alternative minimum tax. Release of the Settlement will dramatically improve the Company's liquidity and all of its balance sheet ratios." The Beard Company's common stock is traded on the OTC Bulletin Board under the symbol: BRCO. Its operations consist principally of coal reclamation activities, carbon dioxide (CO2) gas production, the construction of composting plants in China, and its e-commerce activities related to the development of starpay(TM)'s patent-pending payment system for use on the Internet. # # # # # -----END PRIVACY-ENHANCED MESSAGE-----