0000912057-01-532956.txt : 20011009 0000912057-01-532956.hdr.sgml : 20011009 ACCESSION NUMBER: 0000912057-01-532956 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20010920 ITEM INFORMATION: Other events ITEM INFORMATION: Financial statements and exhibits FILED AS OF DATE: 20010921 FILER: COMPANY DATA: COMPANY CONFORMED NAME: ASPEON INC CENTRAL INDEX KEY: 0001021917 STANDARD INDUSTRIAL CLASSIFICATION: CALCULATING & ACCOUNTING MACHINES (NO ELECTRONIC COMPUTERS) [3578] IRS NUMBER: 521945748 STATE OF INCORPORATION: DE FISCAL YEAR END: 0630 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-21477 FILM NUMBER: 1741633 BUSINESS ADDRESS: STREET 1: 17891 CARTWRIGHT AVENUE CITY: IRVINE STATE: CA ZIP: 92614 BUSINESS PHONE: 7142235130 MAIL ADDRESS: STREET 1: 1881 LANGLEY AVE STREET 2: 2882 C WALNUT AVENUE CITY: IRVINE STATE: CA ZIP: 92614 FORMER COMPANY: FORMER CONFORMED NAME: JAVELIN SYSTEMS INC DATE OF NAME CHANGE: 19960829 8-K 1 a2059705z8-k.htm 8-K Prepared by MERRILL CORPORATION
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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): September 20, 2001

ASPEON, INC.
(Exact name of registrant as specified in charter)
Delaware   000-21477   52-1945748

(State or other jurisdiction of incorporation)   (Commission File Number)   (IRS Employer Identification No.)

17891 Cartwright Avenue, Irvine, California

 

92614

(Address of principal executive offices)   (Zip Code)

Registrant's telephone number, including area code: (949) 440-8000

Not Applicable

(Former name or former address, if changed since last report)



Item 5. Other Events.

    On September 20, 2001, the registrant issued the press release attached as Exhibit 99.1 reporting that the United States District Court has dismissed with prejudice the class action suit against the registrant, its CEO and its former CFO.

Item 7. Financial Statements And Exhibits.

(c)   Exhibits

 

 

The following exhibit is filed as a part of this report.

 

 

99.1

 

Press Release dated September 20, 2001


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.

Date: September 20, 2001   ASPEON, INC.

 

 

By:

 

/s/ 
RICHARD P. STACK   
Richard P. Stack
Chief Executive Officer and President


INDEX TO EXHIBITS

Exhibit
Number

  Description
99.1   Press Release dated September 20, 2001



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FORM 8-K
SIGNATURES
INDEX TO EXHIBITS
EX-99.1 3 a2059705zex-99_1.htm EXHIBIT 99.1 Prepared by MERRILL CORPORATION
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EXHIBIT 99.1

News Release

Contact:   Kim Tilo
Aspeon, Inc.
949.440.8020 or investor@aspeon.com

FOR IMMEDIATE RELEASE

ASPEON SHAREHOLDER SUIT DISMISSED WITH PREJUDICE

IRVINE, CA—September 20, 2001—Aspeon, Inc. today announced that the US District Court has dismissed with prejudice the class action suit against the Company, its CEO, and its former CFO.

Richard Stack, Aspeon CEO, said, "We are pleased with the court's decision and are glad to put this behind us."

About Aspeon, Inc.

Aspeon Inc. is a leading manufacturer and provider of point-of-sale (POS) systems, services and enterprise technology solutions for the retail and foodservice markets. Visit Aspeon at www.aspeon.com.

Except for historical information contained herein, the statements made in this release constitute forward-looking statements within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. Such forward-looking statements involve certain risks and uncertainties, including statements regarding the intent, belief or current expectations of Aspeon and its management regarding the company's strategic directions, prospects and future results. Certain factors may cause actual results to differ materially from those contained in the forward-looking statements, including, Aspeon's ability to return to profitability, the continued forbearance of Aspeon's lenders and creditors, the successful restructuring of Aspeon's Preferred Stock, the outcome of litigation filed against Aspeon and Aspeon's ability to raise funds from additional debt and/or capital, and our competitive environment, economic and other conditions in the markets in which we operate, changes in laws, changes to or clarifications of accounting rules or approaches and/or their applications, the size and timing of customer orders, delays in new product enhancements and new product and/or service introductions, quality control difficulties, changes in market demand, and other risks discussed in the company's filings with the SEC, which discussions are incorporated herein by reference. Such forward-looking statements represent management's current expectations and are inherently uncertain. The company's actual results and performance may differ materially. The company undertakes no obligation to release publicly the result of any revisions to these forward-looking statements that may be made to reflect events or circumstances after the date hereof or to reflect the occurrence of unanticipated events.




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