8-K

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): July 22, 2003

AUSPEX SYSTEMS, INC.

(Exact Name of Registrant as Specified in Charter)

Delaware	000-21432	93-0963660
(State or other jurisdiction of incorporation)	(Commission File Number)	(IRS Employer Identification No.)

2880 Lakeside Dr.
Santa Clara, California 95050

(Address of principal executive offices) (Zip Code)

Registrant’s telephone number, including area code: (408) 566-2000

2800 Scott Boulevard
Santa Clara, California 95050

(Former name or Former Address, if Changed Since Last Report)

TABLE OF CONTENTS

	Item 7. Financial Statements, Pro Forma Financial Information and Exhibits.
	Item 9. Regulation FD Disclosure
SIGNATURES
EXHIBIT INDEX
EXHIBIT 99.1
EXHIBIT 99.2

Item 7. Financial Statements, Pro Forma Financial Information and Exhibits.

(c) Exhibits

Exhibit Number	Description
99.1	Summary of financial status of the Company for the month ended June 28, 2003, as required by and filed with the United States Bankruptcy Court, Northern District of California, San Jose Division.
99.2	Certification pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.(1)

(1)  Furnished only to the extent such certification is required to be furnished pursuant to Section 906 of the Sarbanes-Oxley Act of 2002. This certification accompanies this Current Report pursuant to §906 of the Sarbanes-Oxley Act of 2002 and shall not be deemed “filed” by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended.

Item 9. Regulation FD Disclosure

On July 22, 2003, Auspex Systems, Inc. (the “Company”) filed with the United States Bankruptcy Court, Northern District of California, San Jose Division (the “Court”) their required monthly summary of financial status of the Company for the monthly period ending June 28, 2003 (the “Monthly Statements”) in a form prescribed by the office of the United States Trustee of the United States Department of Justice for the District of California (the “United States Trustee”). Exhibit 99.1 to this Current Report contains the text of the Monthly Statements filed with the Court. The Company’s informational filings with the Court, including the Monthly Statements, are available to the public at the office of the Clerk of the Bankruptcy Court at 280 S. First Street, Room 3035, San Jose, California 95113.

The Company cautions investors and potential investors not to place undue reliance upon the information contained in the Monthly Statements as they were not prepared for the purpose of providing the basis for an investment decision relating to any of the securities of the Company. The Monthly Statements were not audited and are in the format prescribed by the office of the United States Trustee. However, in the opinion of the Company’s management, the information reflects all adjustments necessary for a fair presentation of the results for the period presented in accordance with generally accepted accounting principles for interim financial statements. There can be no assurance that, from the perspective of an investor or potential investor in the Company’s securities, the Monthly Statements are complete. The Monthly Statements contain information for periods which are shorter or otherwise different from those required in the Company’s reports pursuant to the Securities Exchange Act of 1934, as amended (the “Exchange Act”).

In accordance with general instruction B.2 of Form 8-K, the information in this Current Report (including exhibits) is furnished pursuant to Item 9 and shall not be deemed to be “filed” for the purposes of Section 18 of the Exchange Act or otherwise subject to liabilities of that section. The Current Report will not be deemed an admission as to the materiality of any information contained in this Current Report that is required to be disclosed solely by Regulation FD.

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.

	AUSPEX SYSTEMS, INC
Date: August 5, 2003	/s/ Peter Simpson
	Peter Simpson Chief Financial Officer

2

EXHIBIT INDEX

Exhibit Number	Description
99.1	Summary of financial status of the Company for the month ended June 28, 2003, as required by and filed with the United States Bankruptcy Court, Northern District of California, San Jose Division.
99.2	Certification pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.(1)

(1)  Furnished only to the extent such certification is required to be furnished pursuant to Section 906 of the Sarbanes-Oxley Act of 2002. This certification accompanies this Current Report pursuant to §906 of the Sarbanes-Oxley Act of 2002 and shall not be deemed “filed” by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended.

3 EX-99.1 3 f92069exv99w1.htm EXHIBIT 99.1

Exhibit 99.1

BALANCE SHEET
(General Business Case)
For the Month Ended 06/30/03

	Assets					From Schedules		Market Value
		Current Assets
1			Cash and cash equivalents - unrestricted					$	246,654
2			Cash and cash equivalents - restricted					$	58,235
3			Accounts receivable (net)				A	$	9,025,048
4			Inventory				B	$	0
5			Prepaid expenses					$	133,312
6			Professional retainers					$	276,282
7			Other:
8
9				Total Current Assets				$	9,739,531
		Property and Equipment (Market Value)
10			Real property				C	$	0
11			Machinery and equipment				D	$	130,000
12			Furniture and fixtures				D	$	0
13			Office equipment				D	$	0
14			Leasehold improvements				D	$	0
15			Vehicles				D	$	0
16			Other:				D
17							D
18							D
19							D
20							D
21				Total Property and Equipment				$	130,000
		Other Assets
22			Loans to shareholders
23			Loans to affiliates
24			Long Term Deposits - 2800 Scott Blvd facility & North					$	198,033
25				Carolina facility
26
27
28				Total Other Assets				$	198,033
29				Total Assets				$	10,067,564
	NOTE: $8.9 million in accounts receivable represents cash held by Cooley Godward, LLP from sale of intellectual property and service business.
					Liabilities and Equity (General Business Case)
	Liabilities From Schedules
		Post-Petition
				Current Liabilities
30					Salaries and wages			$	39,472
31					Payroll taxes			$	3,608
32					Real and personal property taxes			$	0
33					Income taxes			$	0
34					Sales taxes			$	11,196
35					Notes payable (short term)
36					Accounts payable (trade)		A	$	28,000
37					Real property lease arrearage			$	0
38					Personal property lease arrearage			$	0
39					Accrued professional fees			$	0

Payment to Professionals

Cooley, Godward LLP $ 132,533

Officer Payments

		Salary Paid		Expense Reports
		Post petition		Post petition
		to date		to date
Michael Worhach		$	101,921		$	5,285
Peter Simpson			*		$	3,734
Dennis Dunnigan			*		$	0
	Totals	$	101,921		$	9,019

* Compensation shown under management fees

SCHEDULES TO THE BALANCE SHEET
(General Business Case)

Schedule A

Accounts Receivable and (Net) Payable

	Accounts Receivable		Accounts Payable		Past Due
Receivables and Payables Agings	[Pre and Post Petition]		[Post Petition]		Post Petition Debt
0-30 Days	$	8,958,411	$	28,000
31-60 Days	$	119,092
61-90 Days	$	209,774			$	0
91+ Days	$	16,730
Total accounts receivable/payable	$	9,304,007	$	28,000
Allowance for doubtful accounts	$	278,959
Accounts receivable (net)	$	9,025,048

Schedule B
Inventory/Cost of Goods Sold

Types and Amount of Inventory(ies)

			Inventory(ies)
			Balance at
			End of Month
Retail/Restaurants -
	Product for resale
Distribution -
	Products for resale
Manufacturer -
	Raw Materials		$	0
	Work-in-progress		$	0
	Finished goods		$	0
Other — Explain
		TOTAL	$	0

Method of Inventory Control

Do you have a functioning perpetual inventory system?

Yes    x        No    o

How often do you take a complete physical inventory?

Weekly	o
Monthly	o
Quarterly	x
Semi-annually	o
Annually	o

Date of last physical inventory was	4/18/2003 0:00
Date of next physical inventory is	Unknown

Cost of Goods Sold

Inventory Beginning of Month			650590
Add -
	Net purchase
	Direct labor
	Manufacturing overhead	$	0
	Freight in
	Other:
Write-off Inventory		$	0
		$	0
Less -
	Inventory End of Month	$	0
	Shrinkage	$	0
	Personal Use
Cost of Goods Sold		$	650,590

Inventory Valuation Methods Indicate by a checkmark method of inventory used
Valuation methods -
FIFO cost	o
LIFO cost	o
Lower of cost or market	x
Retail method	o
Other	o
Explain

Schedule C
Real Property

Description	Cost		Market Value
Total	$	0	$	0

Schedule D
Other Depreciable Assets

Description		Cost		Market Value
Machinery & Equipment -
		$	0
		$	0
	Computer Hardware & Software	$	130,000	$	130,000.00
	Total	$	130,000	$	130,000
Furniture & Fixtures -
	Desks, Chairs, Workbenches, etc	$	0	$	0.00
	Total	$	0	$	0
Office Equipment -
	Total	$	0	$	0
Leasehold Improvements -
		$	0	$	0.00
	Total	$	0	$	0
Vehicles -
	Total	$	0	$	0

Schedule E
Aging of Post-Petition Taxes
(As of End of the Current Reporting Period)

Taxes Payable		0-30 Days		31-60 Days		61-90 Days		91+ Days		Total
Federal
	Income Tax Withholding	$	0							$	0
	FICA — Employee									$	0
	FICA — Employer	$	3,608							$	3,608
	Unemployment (FUTA)									$	0
	Income									$	0
	Other (Attach List)									$	0
Total Federal Taxes		$	3,608	$	0	$	0	$	0	$	3,608
State and Local
	Income Tax Withholding									$	0
	Unemployment (UT)									$	0
	Disability Insurance (DI)									$	0
	Empl. Training Tax (ETT)									$	0
	Sales	$	11,196							$	11,196
	Excise									$	0
	Real property									$	0
	Personal property									$	0
	Income									$	0
	Other (Attach List)									$	0
Total State & Local Taxes		$	11,196	$	0	$	0	$	0	$	11,196
Total Taxes		$	14,804	$	0	$	0	$	0	$	14,804

Schedule F
Pre-Petition Liabilities

		Claimed		Allowed
List Total Claims For Each Classification -		Amount		Amount (b)
	Secured claims (a)
	Priority claims other than taxes
	Priority tax claims	$	43,910	$	43,910
	General unsecured claims	$	1,836,049	$	1,836,049

(a)	List total amount of claims even it under secured.
(b)	Estimated amount of claim to be allowed after compromise or litigation. As an example, you are a defendant in a lawsuit alleging damage of $10,000,000 and a proof of claim is filed in that amount. You believe that you can settle the case for a claim of $3,000,000. For Schedule F reporting purposes you should list $10,000,000 as the Claimed Amount and $3,000,000 as the Allowed Amount.

Schedule G
Rental Income Information
Not applicable to General Business Cases

Schedule H
Recapitulation of Funds Held at End of Month

	Account 1		Account 2	Account 3	Account 4
Bank
Account Type
Account No
Account Purpose
Balance, End of Month
Total Funds on Hand for all Accounts	$	0

Attach copies of the month end bank statement(s), reconciliation(s), and the check register(s) to the Monthly Operating Report.

STATEMENT OF CASH RECEIPTS AND DISBURSEMENTS
Increase/(Decrease) in Cash and Cash Equivalents
For the Month Ended 06/30/03

				Actual			Cumulative
				Current Month			(Case to Date)
	Cash Receipts
1		Rent/Leases Collected
2		Cash Received from Sales		$	738,159		$	1,062,545
3		Interest Received		$	152		$	1,216
4		Borrowings		$	0
5		Funds from Shareholders, Partners, or Other Insiders
6		Capital Contributions
7		Legal Retainer refunds		$	0		$	128,018
8		Employee contribution to Cobra		$	9,890		$	20,265
9		Employee 401K		$	8		$	9,214
10		Misc Vendor Refund		$	0		$	6,486
11		Funding from proceeds of IP sale for operations		$	350,000		$	350,000
12			Total Cash Receipts	$	1,098,209		$	1,577,744
	Cash Disbursements
13		Payments for Inventory
14		Selling
15		Administrative		$	206,887		$	308,906
16		Capital Expenditures
17		Principal Payments on Debt
18		Interest Paid
		Rent/Lease:
19			Personal Property
20			Real Property	$	355,784		$	409,499
		Amount Paid to Owner(s)/Officer(s)
21			Salaries	$	57,692		$	103,844
22			Draws
23			Commissions/Royalties	$	9,865		$	9,865
24			Expense Reimbursements	$	9,019		$	14,706
25			Other
26		Salaries/Commissions (less employee withholding)		$	447,877		$	687,105
27		Management Fees
		Taxes:
28			Employee Withholding
29			Employer Payroll Taxes	$	26,202		$	45,655
30			Real Property Taxes
31			Other Taxes	$	8,801		$	12,958
32		Other Cash Outflows:
33			401K Payment	$	0		$	9,206
34			Flexible benefits	$	2,113		$	6,089
35			Bank Fees	$	0		$	22
36
37
38			Total Cash Disbursements:	$	1,124,240		$	1,607,855
39	Net Increase (Decrease) in Cash				($26,031	)		($30,111	)
40	Cash Balance, Beginning of Period			$	330,920		$	335,000
41	Cash Balance, End of Period			$	304,889		$	304,889

EX-99.2 4 f92069exv99w2.htm EXHIBIT 99.2

EXHIBIT 99.2

CERTIFICATION

     Pursuant to Section 906 of the Public Company Accounting Reform and Investor Protection Act of 2002 (18 U.S.C. § 1350, as adopted) (the “Sarbanes-Oxley Act of 2002”), Gary J. Sbona, the Chief Executive Officer of Auspex Systems, Inc. (the “Company”), and Peter R. Simpson, the Chief Financial Officer of the Company, each hereby certifies that, to his knowledge:

     The information contained in this Current Report fairly presents, in all material respects, the financial condition of the Company at the end of the periods covered by the Current Report and the results of operations of the Company for the periods covered by the Current Report.

     In Witness Whereof, the undersigned have set their hands hereto as of the 5th day of August, 2003.

/s/ Gary J. Sbona	/s/ Peter R. Simpson
Gary J. Sbona Chief Executive Officer	Peter R. Simpson Chief Financial Officer

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EX-99.1

Auspex Systems, Inc. Exhibit 99.1

EX-99.2

Auspex Systems, Inc. Exhibit 99.2