8-K 1 pennexx8k5-9.txt 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 8, 2003 ----------- PENNEXX FOODS, INC. -------------------------------------------------------------------------------- (Exact Name of Registrant as Specified in Charter) Pennsylvania 000-31148 23-3008972 ------------------------------------------------------------------------------- (State or Other (Commission File (IRS Employer Jurisdiction of Incorporation) Number) Identification No.) 5501 Tabor Avenue Philadelphia, Pennsylvania 19120 -------------------------------------------------------------------------------- (Address of Principal (Zip Code) Executive Offices) (215) 743-4331 -------------------------------------------------------------------------------- (Registrant's Telephone Number, Including Area Code) Not Applicable -------------------------------------------------------------------------------- (Former Name or Former Address, if Changed Since Last Report) Item 7. Financial Statements and Exhibits: (c) Exhibits: Exhibit No. Description: 99.1 Press Release, dated May 8, 2003. Item 9. Regulation FD Disclosure (Information provided under Item 12. Disclosure of Results of Operations and Financial Condition) This information furnished under "Item 9. Regulation FD Disclosure" is provided under "Item 12. Results of Operations and Financial Condition" in accordance with SEC Release No. 33-8216. On May 8, 2003, Pennexx Foods, Inc. issued a press release announcing financial results for the first quarter of fiscal year 2003 and announcing that its lender had sent the Company a notice of default under its Credit Agreement. A copy of the press release is attached as Exhibit 99.1. The information in this Current Report on Form 8-K and the Exhibit attached hereto shall not be deemed "filed" for purposes of Section 18 of the Securities Exchange Act of 1934, or otherwise subject to liability under such Section, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933, except as shall be expressly set forth by specific reference in any such filing. 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. PENNEXX FOODS, INC. (Registrant) By: /s/ Michael D. Queen Date: May 8, 2003 Michael D. Queen, President INDEX TO EXHIBITS Exhibit Number Description 99.1 Press Release, dated May 8, 2003