8-K/A 1 form8ka.txt SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 ----------------- FORM 8-K/A 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 15, 2003 ------------------ General DataComm Industries, Inc. --------------------------------- (Exact Name of Registrant as Specified in Charter) Delaware 1-8086 06-0853856 -------- ------ ---------- (State or Other Jurisdiction (Commission (IRS Employer of Incorporation) File Number) Identification No.) 6 Rubber Avenue, Naugatuck CT 06770 ------------------------------ ----- (Address of Principal Executive Offices) (Zip Code) Registrant's telephone number, including area code (203)-729-0271 -------------- N/A (Former Name or Former Address, if Changed Since Last Report Item 3. Bankruptcy or Receivership As disclosed in Form 8-K dated September 17, 2003, on September 15, 2003, the Company's Plan of Reorganization became effective and the Company emerged from Bankruptcy pursuant to the Plan approved on August 5, 2003 as described in Form 8-K dated August 5, 2003. Filed as part of this report is the Company's Restated Certificate of Incorporation and the Amended and Restated Bylaws. In addition, the Subordinated Security Agreement in favor of the trustee under the Indenture, and the Company's new Stock and Bonus Plan, all as provided in the Plan of Reorganization. Item 7. Exhibits 3.1 Restated Certificate of Incorporation 3.2 Amended and Restated Bylaws 10.1 Subordinated Security Agreement 10.2 2003 Stock and Bonus Plan 2 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. General DataComm Industries, Inc. (Registrant) By: /S/ William G. Henry William G. Henry Vice President and Principal Financial Officer Dated: September 18, 2003 3