Current Report Filing (8-k)
January 22 2018 - 6:04AM
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): January 13, 2018
United Development Funding IV
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(Exact Name of Registrant as Specified in Its Charter)
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Maryland
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001-36472
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26-2775282
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(State or other jurisdiction of incorporation or organization)
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(Commission File Number)
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(I.R.S. Employer
Identification No.)
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1301 Municipal Way, Suite 200, Grapevine,
Texas
76051
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(Address of principal executive offices)
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(Zip Code)
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(214) 370-8960
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(Registrant’s telephone number, including area code)
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None
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(Former name or former address, if changed since last report)
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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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¨
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Written communications pursuant to Rule 425 under
the Securities Act (17 CFR 230.425)
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¨
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Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
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¨
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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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¨
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Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
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Indicate by check mark whether the registrant
is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2
of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).
Emerging growth company
o
If an emerging growth company, indicate by check mark if the
registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards
provided pursuant to Section 13(a) of the Exchange Act.
o
On January 13, 2018,
the United States District Court for the Northern District of Texas entered an order (the “Preliminary Approval Order”):
(i) preliminarily approving a proposed settlement of the shareholder derivative action captioned
Richard Evans, derivatively
on behalf of United Development Funding IV v. Hollis M. Greenlaw, Philip K. Marshall, J. Heath Malone, Steven J. Finkle, John R.
Ray, Todd Etter, UMTH General Services, L.P., UMTH Land Development, L.P., and United Development Funding IV
(Case No. 3:16-cv-00635-M)
in accordance with a Stipulation of Settlement dated as of December 21, 2017 (the “Stipulation”) and (ii) approving
for publication the form and content of a Notice of Pendency and Proposed Settlement of Derivative Litigation and Hearing (the
“Notice”). The proposed settlement is subject to final approval at a hearing which is currently scheduled to take place
on April 16, 2018 at 9:00 a.m. before the Honorable Barbara M. G. Lynn in the United States District Court for the Northern District
of Texas.
Pursuant to the Stipulation
and the Preliminary Approval Order, the Stipulation and the Notice are attached as Exhibits 99.1 and 99.2, respectively, to this
Current Report on Form 8-K. The Stipulation and Notice also are accessible via a link on the “Investors” page of the
Trust’s website, www.udfonline.com. Other information contained in or accessible through the Trust’s website does not
constitute part of, and is not incorporated into, this Current Report on Form 8-K.
Use of Forward-Looking
Statements
Except
for the historical information contained herein, this Form 8-K contains forward-looking statements made pursuant to the “safe
harbor” provisions of the Private Securities Litigation Reform Act of 1995. Investors are cautioned that statements in this
Form 8-K regarding (i) the proposed settlement and Stipulation, (ii) the impact of such settlement, including related activities,
approvals and payments, and (iii) other statements that are not historical facts, constitute forward-looking statements. These
statements involve risks and uncertainties that can cause actual results to differ materially from those in such forward-looking
statements. These risks and uncertainties include, without limitation, risks and uncertainties related to the proposed settlement
not receiving the requisite final approval. Additional information on the above risks and uncertainties and additional risks,
uncertainties and factors that could cause actual results to differ materially from those in the forward-looking statements are
contained in the Trust’s periodic reports filed with the Securities and Exchange Commission. Undue reliance should not be
placed on forward-looking statements, which speak only as of the date they are made, and the facts and assumptions underlying
the forward-looking statements may change. Except as required by law, the Trust disclaims any obligation to update these forward-looking
statements to reflect future information, events or circumstances.
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Item 9.01
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Financial
Statements and Exhibits.
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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.
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United Development Funding IV
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Dated: January 19, 2018
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By:
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/s/ Hollis M. Greenlaw
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Hollis M. Greenlaw
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Chief Executive Officer
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