8-K 1 elnk081520138-k0331201310q.htm 8-K ELNK 08.15.2013 8-K (03.31.2013 10Q)


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): August 16, 2013
 
EARTHLINK, INC.
(Exact Name of Registrant as Specified in Its Charter)
 
Delaware
 
001-15605
 
58-2511877
(State of Incorporation)
 
(Commission File Number)
 
(I.R.S. Employer Identification No.)
 
1375 Peachtree St., Atlanta, Georgia
 
30309
(Address of principal executive offices)
 
(Zip Code)
 
(404) 815-0770
(Registrant’s telephone number, including area code)
 

 
 
(Former name, former address and former fiscal year, if changed since last report date)
 

 
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:
 
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 8.01 Other Events
 
EarthLink, Inc. (the “Company”) filed its Quarterly Report on Form 10-Q for the period ended March 31, 2013 with the Securities and Exchange Commission (“SEC”) on May 7, 2013 (the “Original Form 10-Q”), as amended by the Company's Current Report on Form 8-K filed on July 10, 2013 (the “Amended Form 10-Q”).  The Company is filing this Current Report on Form 8-K to provide revised condensed consolidated financial statements for the periods ended March 31, 2012 and 2013.  The condensed consolidated financial statements have been revised to present the results of operations of the Company's telecom systems business acquired as part of ITC^DeltaCom, Inc. as discontinued operations for all periods presented. The revised condensed consolidated financial statements also make certain other presentation changes to the guarantor financial information in Footnote 17.

The revised condensed consolidated financial statements of the Company, which replace in their entirety the condensed consolidated financial statements contained in the Amended Form 10-Q, are attached as Exhibit 99.1 and are incorporated by reference herein.
 
Except as stated herein or in the Amended Form 10-Q, this Current Report on Form 8-K does not reflect events occurring after the date of filing of the Original Form 10-Q, and no attempt has been made in this Current Report on Form 8-K to modify or update other disclosures presented in that filing.  Among other things, forward-looking statements made in the Original Form 10-Q have not been revised to reflect events that occurred or facts that became known to the Company after the filing of the Original Form 10-Q, and such forward-looking statements should be read in their historical context.  Accordingly, this Current Report on Form 8-K should be read in conjunction with the Original Form 10-Q, the Amended Form 10-Q and the Company's other filings with the SEC subsequent to the filings of the Original Form 10-Q.






Item 9.01             Financial Statements and Exhibits
 
(d)  Exhibits
 
99.1
 
Condensed Consolidated Financial Statements of EarthLink, Inc. for the periods ended March 31, 2012 and 2013.
 
101.INS
 
XBRL Instance Document
 
 
 
101.SCH
 
XBRL Taxonomy Extension Schema Document
 
 
 
101.CAL
 
XBRL Taxonomy Extension Calculation Linkbase Document
 
 
 
101.LAB
 
XBRL Taxonomy Extension Label Linkbase Document
 
 
 
101.PRE
 
XBRL Taxonomy Extension Presentation Linkbase Document
 
 
 
101.DEF
 
XBRL Taxonomy Extension Definition Linkbase Document





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.
 
 
 
EARTHLINK, INC.
 
 
 
 
By:
/s/ Bradley A. Ferguson
 
 
Bradley A. Ferguson
 
 
Executive Vice President, Chief Financial Officer
 
Date: August 16, 2013





EXHIBIT INDEX
 
Exhibit No.
 
Description
 
 
 
99.1
 
Condensed Consolidated Financial Statements of EarthLink, Inc. for the periods ended March 31, 2012 and 2013.
 
101.INS
 
XBRL Instance Document
 
 
 
101.SCH
 
XBRL Taxonomy Extension Schema Document
 
 
 
101.CAL
 
XBRL Taxonomy Extension Calculation Linkbase Document
 
 
 
101.LAB
 
XBRL Taxonomy Extension Label Linkbase Document
 
 
 
101.PRE
 
XBRL Taxonomy Extension Presentation Linkbase Document
 
 
 
101.DEF
 
XBRL Taxonomy Extension Definition Linkbase Document