8-K 1 harvey8k081007.txt HARVEY 8-K 08.10.07 UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 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 10, 2007 HARVEY ELECTRONICS, INC. -------------------------------------------------------------------------------- (Exact Name of Registrant as Specified in Its Charter) New York -------------------------------------------------------------------------------- (State or Other Jurisdiction of Incorporation or Organization) 1-4626 13-1534671 ---------- ------------ (Commission File Number) (IRS Employer Identification No.) 205 Chubb Avenue, Lyndhurst, New Jersey 07071 ------------------------------------------------------------ (Address of Principal Executive Offices, Including Zip Code) (201) 842-0078 -------------------------------------------------------------------------------- (Registrant's Telephone Number, Including Area Code) -------------------------------------------------------------------------------- (Former Name or Former Address, if Changed Since Last Report) 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 (see General Instruction A.2. below): [ ] Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) [ ] Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) [ ] Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) [ ] Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) Item 1.02 Termination of a Material Definitive Agreement. Harvey Electronics, Inc. ("Harvey"), Myer-Emco, Inc. ("Myer-Emco"), and Jon Meyer have agreed not to move forward with the proposed acquisition of Myer-Emco by Harvey at this time. In connection with the foregoing, the parties have executed the agreement referred to in Item 9.01 of this Current Report on Form 8K (and attached hereto as an exhibit), which includes, among other things, a mutual release by and for the benefit of the parties. Item 9.01 Financial Statements and Exhibits. (d) Exhibits. No. Description ------ ---------------------------------------------------------------------- 10.1 Termination Agreement, dated as of August 14, 2007, by and among MYER-EMCO, INC., JON MEYER and HARVEY ELECTRONICS, INC. -1- 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. HARVEY ELECTRONICS, INC. Date: August 16, 2007 /s/ Joseph J. Calabrese ---------------------------- Joseph J. Calabrese Executive Vice President, Chief Financial Officer, Treasurer and Secretary -2- Exhibits Index. No. Description ------ ---------------------------------------------------------------------- 10.1 Termination Agreement, dated as of August 14, 2007, by and among MYER-EMCO, INC., JON MEYER and HARVEY ELECTRONICS, INC. -3-