Attached files
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| EX-2.1 - NOTICE OF EFFECTIVE DATE - JAVO BEVERAGE CO INC | javo_8kex2-1.htm |
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): May 13, 2011
JAVO BEVERAGE COMPANY, INC.
(Exact name of registrant as specified in its charter)
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Delaware
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000-26897
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48-1264292
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(State or other jurisdiction
of incorporation)
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(Commission File Number)
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I.R.S. Employer
Identification Number
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1311 Specialty Drive, Vista, CA
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92081
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(Address of principal executive office)
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(Zip Code)
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(760) 560-5286
Registrant’s telephone number, including area code
Not Applicable
(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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¨
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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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ITEM 8.01 Other Events
As previously reported in a current report on Form 8-K filed by Javo Beverage Company, Inc. ("Company") on April 28, 2011, the United States Bankruptcy Court for the District of Delaware entered an order on April 28, 2011 confirming the First Amended Plan of Reorganization of Javo Beverage Company, Inc. (the “Plan”) under the appropriate sections of the Bankruptcy Code. The effective date of the Plan is May 13, 2011, (the “Effective Date”). In accordance with the Plan, all holders of the Company's preferred stock, common stock, warrants or any other form of equity interests, or claims arising from or related to the foregoing equity interests, will not receive any distribution under the Plan or retain any value on account of such interests. On the Effective Date, without any further action, all equity interests in the Company as of the Effective Date, including, preferred stock, common stock, and warrants, have been automatically cancelled and extinguished. Also pursuant to the confirmation order for the Plan, the reorganized company will not be subject to the reporting requirements of the Securities Exchange Act of 1934, as amended, and the rules and regulations promulgated thereunder (collectively, the “1934 Act”), effective as of the Effective Date. Accordingly, the Company does not intend to file any further current or periodic reports pursuant to the 1934 Act.
A copy of the notice of Effective Date is filed herewith as Exhibit 2.1. Further details may be accessed at the Company’s restructuring website, www.kccllc.net/JavoBevCo. No portion of the website is incorporated herein.
ITEM 9.01 Financial Statements and Exhibits
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Number
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Description
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2.1
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Notice of Effective Date
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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.
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JAVO BEVERAGE COMPANY, INC.
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Date:
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May 13, 2011
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By:
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/s/ Richard A. Gartrell
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Name:
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Richard A. Gartrell
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Title:
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Chief Financial Officer
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