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EX-4.1 - SPECIMEN OF COMMON STOCK - GENTIVA HEALTH SERVICES INCgtiv-ex41stockcertificat.htm
EX-31.1 - CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO RULE 13A-14(A) - GENTIVA HEALTH SERVICES INCgtiv-ex311_20140630xq2a.htm
EX-31.2 - CERTIFICATION OF CHIEF FINANCIAL OFFICER PURSUANT TO RULE 13A-14(A) - GENTIVA HEALTH SERVICES INCgtiv-ex312_20140630xq2a.htm


UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549

FORM 10-Q/A
(Amendment No. 1)
 
x
QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934
For the quarterly period ended June 30, 2014
OR
¨
TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934
For the transition period from              to             
Commission File No. 1-15669
 
Gentiva Health Services, Inc.
(Exact name of registrant as specified in its charter)
 
Delaware
 
36-4335801
(State or other jurisdiction of
incorporation or organization)
 
(I.R.S. Employer
Identification No.)
3350 Riverwood Parkway, Suite 1400, Atlanta, GA 30339-3314
(Address of principal executive offices) (Zip Code)
Registrant’s telephone number, including area code: (770) 951-6450
 
 
Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days.    Yes  x    No  ¨
Indicate by check mark whether the registrant has submitted electronically and posted on its corporate website, if any, every Interactive Data File required to be submitted and posted pursuant to Rule 405 of Regulation S-T (Sec. 232.405 of this chapter) during the preceding 12 months (or for such shorter period that the registrant was required to submit and post such files).    Yes  x     No  ¨
Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer, or a smaller reporting company (as defined in Rule 12b-2 of the Exchange Act).
Large accelerated filer
 
¨
  
Accelerated filer
 
x
 
 
 
 
Non-accelerated filer
 
¨
  
Smaller reporting company
 
¨
Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act).    Yes  ¨    No  x
The number of shares outstanding of the registrant’s Common Stock, as of August 8, 2014, was 36,895,586.
 



EXPLANATORY NOTE
The purpose of this Form 10-Q/A (Amendment No. 1) is to amend the Quarterly Report on Form 10-Q for the quarterly period ended June 30, 2014 filed by Gentiva Health Services, Inc. on August 11, 2014 (the “Original 10-Q”) to file therewith Exhibit 4.1, Specimen of common stock, as required by Item 6 of PART II of Form 10-Q, which was inadvertently omitted from filing as an exhibit with the Original 10-Q. This Amendment No. 1 speaks as of the original filing date of the Original 10-Q, does not reflect events that may have occurred subsequent to the original filing date and does not modify or update in any way disclosures made in the Original 10-Q.
PART II - OTHER INFORMATION
 
Item 6.
Exhibits
 
Exhibit
Number
  
Description
3.1
  
Amended and Restated Certificate of Incorporation of Company. (1)
3.2
  
Amended and Restated By-Laws of Company. (2)
3.3
 
Certificate of Designations of Series B Junior Participating Preferred Stock. (3)
4.1
  
Specimen of common stock.*
4.2
  
Certificate of Designations of Series B Junior Participating Preferred Stock. (3)
4.3
  
Rights Agreement, dated as of May 22, 2014, by and between Gentiva and Computershare Trust Company, N.A., as Rights Agent. (3)
10.1
  
Form of Indemnification Agreement with directors and officers. (3)
31.1
  
Certification of Chief Executive Officer pursuant to Rule 13a-14(a).*
31.2
  
Certification of Chief Financial Officer pursuant to Rule 13a-14(a).*
32.1
  
Certification of Chief Executive Officer pursuant to 18 U.S.C. Section 1350.**
32.2
  
Certification of Chief Financial Officer pursuant to 18 U.S.C. Section 1350.**
101.INS
  
XBRL Instance Document.*
101.SCH
  
XBRL Taxonomy Extension Schema Document.*
101.CAL
  
XBRL Taxonomy Extension Calculation Linkbase Document.*
101.DEF
  
XBRL Taxonomy Definition Linkbase Document.*
101.LAB
  
XBRL Taxonomy Extension Labels Linkbase Document.*
101.PRE
  
XBRL Taxonomy Extension Presentation Linkbase Document.*
 
 
(1)
Incorporated herein by reference to Form 8-K of Company dated and filed May 12, 2008.
(2)
Incorporated herein by reference to Form 8-K of Company dated and filed November 7, 2011.
(3)
Incorporated herein by reference to Form 8-K of Company dated and filed May 23, 2014.

*
Filed herewith
**
Furnished herewith




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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 thereunto duly authorized.
 
 
 
GENTIVA HEALTH SERVICES, INC.
(Registrant)
 
 
Date: August 13, 2014
 
/s/ Eric R. Slusser
 
 
Eric R. Slusser
 
 
Executive Vice President,
 
 
Chief Financial Officer and Treasurer


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