-----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, DjQYZcPRJ2S4p0v2d6UIcOPzkexCexiGtr1RDTL63us5TmbzmKorfgSDGUG919ui 4rmpHAIkN8NazuCwuhPSYQ== 0000950152-96-006706.txt : 19961223 0000950152-96-006706.hdr.sgml : 19961223 ACCESSION NUMBER: 0000950152-96-006706 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 19961219 ITEM INFORMATION: Other events FILED AS OF DATE: 19961220 SROS: NONE FILER: COMPANY DATA: COMPANY CONFORMED NAME: BORROR CORP CENTRAL INDEX KEY: 0000917857 STANDARD INDUSTRIAL CLASSIFICATION: OPERATIVE BUILDERS [1531] IRS NUMBER: 311393233 STATE OF INCORPORATION: OH FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-23270 FILM NUMBER: 96683498 BUSINESS ADDRESS: STREET 1: 5501 FRANTZ RD CITY: DUBLIN STATE: OH ZIP: 43017-0766 BUSINESS PHONE: 6147616000 MAIL ADDRESS: STREET 1: 5501 FRANTZ RD CITY: DUBLIN STATE: OH ZIP: 43017 8-K 1 BORROR CORPORATION CURRENT REPORT 1 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: December 19, 1996 --------------------- (Date of the earliest event reported) Borror Corporation ------------------ (Exact name of Registrant as specified in its Charter) Ohio 0-23270 31-1393233 ---- ------- ---------- (State or other jurisdiction (Commission (I.R.S. Employer of incorporation) File Number) Identification Number) 5501 Frantz Road, Dublin, Ohio 43017 ------------------------------ ----- (Address of principal executive offices) (Zip code) 614/761-6000 ------------ (Registrant's telephone number, including area code) 2 Item 5. Other Events. - ------- ------------- On December 19, 1996, the Registrant (Borror Corporation) agreed to settle a class action filed on August 2, 1995, in the United States District Court for the Southern District of Ohio (Case No. C2-95-746) against it, certain of its present and former directors and officers, and the lead underwriters in its initial public offering. The class action alleged that the registration statement for the initial public offering contained false and misleading statements and asserted violations of Sections 11, 12(2) and 15 of the Securities Act of 1933. Under the settlement, which is subject to completion of documentation and approval by the District Court, the defendants have agreed to establish a fund of $2,300,000.00 which will be made available to pay certain costs, expenses and attorneys fees and to make a distribution to members of the plaintiff-class. The Registrant's contribution to the settlement will result in a pre-tax charge to fourth quarter 1996 earnings of $850,000.00. In entering into the settlement, neither the Registrant nor the other defendants admitted liability. Nevertheless, the Registrant believes that settlement of the class action is in its best interests in order to avoid further costs of litigation. 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. BORROR CORPORATION By: ---------------------------- Robert A. Meyer, Jr. Senior Vice President and General Counsel Dated: December 19, 1996 -----END PRIVACY-ENHANCED MESSAGE-----