Sco Group Inc - Current report filing (8-K)
November 08 2007 - 1:21PM
Edgar (US Regulatory)
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): October 23, 2007
The SCO Group, Inc.
(Exact name of registrant as specified in its charter)
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Delaware
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0-29911
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87-0662823
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(State or other jurisdiction of
incorporation)
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(Commission
File Number)
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(IRS Employer
Identification No.)
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355 South 520 West
Lindon, Utah 84042
(Address of principal executive offices, including Zip Code)
Registrants telephone number, including area code:
(801) 765-4999
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:
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Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
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Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
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Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
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Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))
Item 7.01. Regulation FD Disclosure
Monthly Operating Reports
On October 23, 2007, The SCO Group, Inc. (SCO) and SCOs wholly owned subsidiary, SCO Operations,
Inc. (collectively, the Debtorsor the Company) filed their unaudited Monthly Operating Reports
for the period of September 15, 2007, post petition day of September 14, 2007, through September
30, 2007 (the Monthly Operating Reports) with the United States Bankruptcy Court for the District
of Delaware (the Bankruptcy Court) (In re The SCO Group, Inc., Case No. 07-11337(KG) and SCO
Operations, Inc., Case No. 07-11338(KG) Jointly Administered). Exhibits 99.1 and 99.2 to this
Current Report on Form 8-K contain the unaudited Monthly Operating Reports as filed with the
Bankruptcy Court. The Monthly Operating Reports for each Debtor have been filed on an
unconsolidated basis.
The Monthly Operating Reports are limited in scope, cover a limited time period, and have been
prepared solely for the purpose of complying with the monthly reporting requirements of the
Bankruptcy Court and the United States Trustee. Furthermore, the Monthly Operating Reports contain
information that has not been audited or reviewed by the Debtors independent registered public
accounting firm, has not been prepared in conformity with United States generally accepted
accounting principles (GAAP), and may be subject to future adjustments and reconciliations.
Without limiting the foregoing, the financial information in the Monthly Operating Reports is
unaudited and does not purport to present the financial statements of any of the Debtors in
conformity with GAAP. The financial statements do not include certain reclassifications,
eliminations, accruals, impairments and disclosure items. The Company cautions readers not to
place undue reliance upon the Monthly Operating Reports. There can be no assurance that the
information in the Monthly Operating Reports is complete. The Monthly Operating Reports are in a
format required by the United States Trustee and should not be used for investment purposes. The
information in the Monthly Operating Reports should not be viewed as indicative of future results.
Limitation on Incorporation by Reference
The Monthly Operating Reports are being furnished for informational purposes only and are not
deemed filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or
otherwise subject to the liabilities of that section, nor shall they be deemed incorporated by
reference in any filing under the Securities Act of 1933, as amended. Registration statements or
other documents filed with the Securities and Exchange Commission shall not incorporate the Monthly
Operating Reports or any other information set forth in this Current Report on Form 8-K by
reference, except as otherwise expressly stated in such filing. This Current Report on Form 8-K
will not be deemed an admission as to the materiality of any information in the report.
ITEM 9.01 Financial Statements and Exhibits.
99.1
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The SCO Group, Inc. Monthly Operating Reports for the period September 15, 2007 through
September 30, 2007
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99.2
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SCO Operations, Inc. Monthly Operating Reports for the period September 15, 2007 through
September 30, 2007
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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.
Dated:
November 8, 2007
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THE SCO GROUP, INC.
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By:
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/s/ Ken R. Nielsen
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Name:
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Ken R. Nielsen
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Title:
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Chief Financial Officer
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