- Current report filing (8-K)
October 01 2010 - 8:33AM
Edgar (US Regulatory)
UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
Washington, DC 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 1, 2010
FORCE PROTECTION, INC.
(Exact name of registrant as specified in its charter)
Nevada
|
|
001-33253
|
|
84-1383888
|
(State or other jurisdiction of
incorporation)
|
|
(Commission File Number)
|
|
(I.R.S. Employer Identification
No.)
|
9801 Highway 79, Building No. 1
Ladson, South Carolina 29456
(Address of principal executive offices) (Zip Code)
(843) 574-7000
(Registrants 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):
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.
On October 1, 2010, Force Protection, Inc. (the Company)
issued a press release announcing that it has reached an agreement to settle
the consolidated securities class action entitled
In re Force
Protection, Inc. Securities Litigation
, Consolidated Civil
Action No. 2:08-cv-845-CWH, pending in the U.S. District Court for the
District of South Carolina against the Company and a number of the Companys
former directors and officers. In
addition, the Company has reached an agreement to settle a related shareholder
derivative suit entitled
In re Force Protection, Inc.
Derivative Litigation
, Civil Action No. 2:08-1907-CWH, which is
pending in the same federal court.
The settlements are subject to court approvals and all
parties have agreed to expeditiously seek the required court approvals of the
settlement and provide proper notice to the Companys shareholders. As part of the settlements, the Company has
made no admission of wrongdoing.
A copy of the press release is included as Exhibit 99.1
to this Current Report on Form 8-K and incorporated herein by reference.
Safe Harbor Statement
This
Current Report on Form 8-K contains forward looking statements that are
not historical facts, including statements about the Companys beliefs and
expectations. These statements are based
on beliefs and assumptions of the Companys management, and on information
currently available to management, and include, among other things,
statements
regarding the extinguishment of the related state court derivative action and
the Companys expected financial and operating results. Forward-looking statements
speak only as of the date they are made, and the Company undertakes no
obligation to update any of them publicly in light of new information or future
events. A number of important factors
could cause actual results to differ materially from those contained in any
forward-looking statements. Examples of
these factors include, but are not limited to:
the ability to reach a final conclusion to the aforementioned
litigation; risks relating to the currently pending state court derivative
lawsuits which are not being settled at this time; the ability to effectively manage the risks
in the Company s business; and the other risk factors and cautionary
statements listed in the Companys periodic reports filed with the Securities
and Exchange Commission, including the risks set forth in the Companys Annual
Report on Form 10-K for the year ended December 31, 2009 and as
updated in the Quarterly Report on Form 10-Q for the quarter ended June 30,
2010.
Item 9.01 Financial
Statements and Exhibits.
(d)
Exhibits
Exhibit
|
|
Description
|
|
|
|
99.1
|
|
Press
release dated October 1, 2010 entitled Force Protection Reaches Settlement
of Federal Shareholder Class and Derivative Actions.
|
2
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.
|
Force Protection, Inc.
|
|
(Registrant)
|
|
|
|
|
Date:
October 1, 2010
|
|
|
/s/ Lenna Ruth Macdonald
|
|
(Signature)
|
|
|
|
|
|
|
Name:
|
Lenna
Ruth Macdonald
|
|
Title:
|
Chief Strategy Officer, General Counsel & Secretary
|
3
EXHIBIT INDEX
Exhibit
|
|
Description
|
|
|
|
99.1
|
|
Press
release dated October 1, 2010 entitled Force Protection Reaches Settlement
of Federal Shareholder Class and Derivative Actions.
|
4
Freshpet (NASDAQ:FRPT)
Historical Stock Chart
From Apr 2024 to May 2024
Freshpet (NASDAQ:FRPT)
Historical Stock Chart
From May 2023 to May 2024