Attached files
| file | filename |
|---|---|
| EX-10.1 - PLAN SUPPORT AGREEMENT, DATED JULY 18, 2010 - JENNIFER CONVERTIBLES INC | exhibit10-1.htm |
| EX-99.1 - PRESS RELEASE, DATED JULY 19, 2010. - JENNIFER CONVERTIBLES INC | exhibit99-1.htm |
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 20549
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
TO SECTION 13 OR 15(D) OF THE
SECURITIES EXCHANGE ACT OF 1934
| Date of report (Date of earliest event reported): | July 18, 2010 |
| JENNIFER CONVERTIBLES, INC. | ||
| (Exact Name of Registrant as Specified in Its Charter) | ||
| Delaware | |
| (State or Other Jurisdiction of Incorporation) | |
| 1-9681 | 11-2824646 |
| (Commission File Number) | (IRS Employer Identification No.) |
| 419 Crossways Park Drive, Woodbury, New York | 11797 |
| (Address of Principal Executive Offices) | (Zip Code) |
| (516) 496-1900 |
| (Registrant’s Telephone Number, Including Area Code) |
|
(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 1.01 Entry into a Material Definitive
Agreement
On July 18, 2010, Jennifer Convertibles, Inc. (the “Company”) entered into a Plan Support Agreement with its principal supplier and creditor, Haining Mengnu Group Co. Ltd. (“Mengnu”) pursuant to which the Company, among other things, agreed to implement, and Mengnu agreed to support, a financial restructuring of the Company in connection with a plan of reorganization filed under Chapter 11 of the Bankruptcy Code, as discussed in more detail below under Item 1.03, which Item is incorporated herein by reference. The foregoing description of the Plan Support Agreement is qualified in its entirety by reference to the Plan Support Agreement attached hereto as Exhibit 10.1 and incorporated herein by reference.
Item 1.03 Bankruptcy or
Receivership
On July 18, 2010, the
Company, along with its subsidiaries, filed a voluntary petition in the United
States Bankruptcy Court for the Southern District of New York (the “Bankruptcy
Court”) seeking relief under the provisions of Chapter 11 of Title 11 of the
United States Code (the “Bankruptcy Code”) (Proposed Case No. 10-13779) (the
“Case”). The Company continues to operate its business as debtor-in-possession
under the jurisdiction of the Bankruptcy Court and in accordance with the
applicable provisions of the Bankruptcy Code and the orders of the Bankruptcy
Court. On July 19, 2010, the Company issued a press release announcing the
bankruptcy filing. A copy of the press release is attached to this Current
Report on Form 8-K as Exhibit 99.1 and is incorporated herein by this reference.
Item 9.01 Financial Statements and
Exhibits.
(d) Exhibits
| Exhibit | ||
| Number | Description | |
|
10.1
|
Plan Support
Agreement, dated July 18, 2010 by and between the Company and Haining
Mengnu Co. Ltd.
|
|
|
99.1
|
Press Release, dated July 19, 2010. |
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.
| Dated: July 20, 2010 | Jennifer Convertibles, Inc. | ||
| By: | /s/ Harley J. Greenfield | ||
| Name: | Harley J. Greenfield | ||
| Title: | Chief Executive Officer | ||