-----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, Wuvr9YCTBsSeUuRHWF/cDiHgQerjybtiwxyit/W6fkz+AMTZsMxx00wSxfrIzsHL cecuEPA05QDxpRVP0F5IKg== 0000950123-09-072520.txt : 20091222 0000950123-09-072520.hdr.sgml : 20091222 20091222083024 ACCESSION NUMBER: 0000950123-09-072520 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20091030 ITEM INFORMATION: Other Events FILED AS OF DATE: 20091222 DATE AS OF CHANGE: 20091222 FILER: COMPANY DATA: COMPANY CONFORMED NAME: BEAZER HOMES USA INC CENTRAL INDEX KEY: 0000915840 STANDARD INDUSTRIAL CLASSIFICATION: OPERATIVE BUILDERS [1531] IRS NUMBER: 582086934 STATE OF INCORPORATION: DE FISCAL YEAR END: 0930 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-12822 FILM NUMBER: 091253651 BUSINESS ADDRESS: STREET 1: 5775 PEACHTREE DUNW00DY RD STREET 2: STE B 200 CITY: ATLANTA STATE: GA ZIP: 30342 BUSINESS PHONE: 4042503420 MAIL ADDRESS: STREET 1: 5775 PEACHTREE DUNWOODY RD STREET 2: STE C-200 CITY: ATLANTA STATE: GA ZIP: 30342 8-K 1 g21618e8vk.htm FORM 8-K e8vk
 
 
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): October 30, 2009
BEAZER HOMES USA, INC.
(Exact name of registrant as specified in its charter)
         
DELAWARE
(State or other jurisdiction
of incorporation) 		  001-12822
(Commission
File Number) 		  54-2086934
(IRS Employer
Identification No.)
1000 Abernathy Road, Suite 1200
Atlanta Georgia 30328
(Address of Principal
Executive Offices)
(770) 829-3700
(Registrant’s telephone number, including area code)
None
(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:
o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
 
 

 

 

Item 8.01.   Other Events
Beazer Homes USA, Inc. (the “Company”) has reached an agreement with plaintiff to settle the derivative shareholder lawsuit originally filed in April 2007 in the United States District Court for the Northern District of Georgia and previously disclosed by the Company in certain of its SEC filings.
Under the terms of the proposed settlement, the lawsuit will be dismissed with prejudice, in consideration for the various enhancements made by the Company since 2007 to its corporate governance and disclosure controls, which plaintiff recognizes provides value to the Company’s shareholders. The defendants do not admit any liability and will receive a full and complete release of all claims asserted against them in the litigation. The terms of the proposed settlement also provide for the payment of an amount not to exceed $950,000 in attorneys’ fees to plaintiff’s counsel, which will be funded by insurance proceeds. As a result, there will be no financial contribution by the Company. The agreement is subject to final court approval.
The Company has created a website that will include links to the Stipulation of Settlement and Notice of Pendency and Proposed Settlement. The website can be found at derivativesettlement.beazer.com.

 

 

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.
         
  BEAZER HOMES USA, INC.
 		  
Date: December 22, 2009  By:   /s/ Kenneth F. Khoury    
    Kenneth F. Khoury   
    Executive Vice President and General Counsel   
 

 

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