-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, GE6NMbuAsEXmdBVIOu/OIVLXzpKiCADtfKZ0tum5TbSF3FYk1QE+Xw8iG7S6WXqX vkLiRzx925xL04GoSOzwrg== 0000891092-03-003329.txt : 20031113 0000891092-03-003329.hdr.sgml : 20031113 20031113145601 ACCESSION NUMBER: 0000891092-03-003329 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20031113 ITEM INFORMATION: Other events ITEM INFORMATION: Financial statements and exhibits ITEM INFORMATION: Regulation FD Disclosure FILED AS OF DATE: 20031113 FILER: COMPANY DATA: COMPANY CONFORMED NAME: LASERSIGHT INC /DE CENTRAL INDEX KEY: 0000879301 STANDARD INDUSTRIAL CLASSIFICATION: ELECTROMEDICAL & ELECTROTHERAPEUTIC APPARATUS [3845] IRS NUMBER: 650273162 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-19671 FILM NUMBER: 03997578 BUSINESS ADDRESS: STREET 1: 3300 UNIVERSITY BLVD STREET 2: SUITE 140 CITY: WINTER PARK STATE: FL ZIP: 32792 BUSINESS PHONE: 4076789900 MAIL ADDRESS: STREET 1: 3300 UNIVERSITY BLVD STREET 2: SUITE 140 CITY: WINTER PARK STATE: FL ZIP: 32792 8-K 1 e16231_8k.txt FORM 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): November 13, 2003 (November 13, 2003) LASERSIGHT INCORPORATED ---------------------------------------------------- Exact name of registrant as specified in its charter Delaware -------------------------------------------- State or other jurisdiction of incorporation 0-19671 65-0273162 - ---------------------- ------------------ Commission File Number I.R.S. Employer Identification No. 6848 Stapoint Court, Winter Park, Florida 32792 ----------------------------------------------- Address of Principal Executive offices Registrant's telephone number, including area code: (407) 678-9900 Item 5. Other Events and Regulation FD Disclosure LaserSight Incorporated issued a press release dated November 13, 2003 related to a late SEC filing, Bankruptcy Operating Report and other pending matters. Item 7. Financial Statements and Exhibits. (a) Financial statements: Not applicable. (b) Pro forma financial information: Not applicable. (c) Exhibits: Exhibit 99 Press release dated September 13, 2003 Item 9. Regulation FD Disclosure On October 30, 2003 the Company filed its monthly operating report for the period of September 5, 2003 through September 30, 2003 (the "Operating Report") with the U.S. Bankruptcy Court for the Middle District of Florida - Orlando Division - the ("Bankruptcy Court"). Copies of the operating report may be obtained from the Bankruptcy Court's website located at http://www.flmp.uscourts.gov/. Limitation on Incorporation by Reference In accordance with General Instruction B.2 of Form 8-K, the information in this Item 9 shall not be deemed "filed" for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the "Exchange Act"), or otherwise subject to the liabilities of that section, nor shall such information be deemed incorporated by reference in any filing under the Securities Act of 1933, as amended, except as shall be expressly set forth by specific reference in such a filing. The information set forth in this Item 9 will not be deemed an admission as to the materiality of any information required to be disclosed solely to satisfy the requirements of Regulation FD. Cautionary Statement Regarding Financial and Operating Data The Operating Report contains financial statements and other financial information that have not been audited or reviewed by independent accountants and may be subject to future reconciliation and adjustments. The Operating report is in a format prescribed by applicable bankruptcy laws and should not be used for investment purposes. The Operating Report contains information for periods different from those required in the Company's reports pursuant to the Exchange Act, and that information might not be indicative of the Company's financial condition or operating results for the period that would be reflected in the Company's financial statements or in its reports pursuant to the Exchange Act. Results set forth in the Operating Report should not be viewed as indicative of future results. 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. LaserSight Incorporated Date: September 13, 2003 By: /s/ Danghui ("David") Liu ---------------------------- Danghui ("David") Liu Interim Chief Executive Officer EXHIBIT INDEX Exhibit 99 Press release dated November 13, 2003. EX-99 3 e16231ex99.txt PRESS RELEASE Exhibit 99 Lasersight Again Fails to Timely File SEC Report; Continues Reorganization Discussions WINTER PARK, Fla., Nov. 13 /PRNewswire-FirstCall/ -- Lasersight, Incorporated (OTC Pink Sheets: LASEQ) announced today that it will not timely file its third quarter SEC Form 10-Q due on November 14, 2003. The Company did file a Form 12b-25 on November 13, 2003 advising that the Company no longer has the financial resources or staff to file the quarterly reports on a timely basis. As a late filer, the Company's securities are now traded in the over-the-counter (OTC) market via the "Pink Sheets." Due to the previously announced bankruptcy filing, the company had a fifth character "Q" added to its security-trading symbol to denote "the company is in bankruptcy." The Company did file its initial monthly operating report for the period of September 5, 2003 through September 30, 2003 (the "Operating Report") with the U.S. Bankruptcy Court for the Middle District of Florida -- Orlando Division -- the (Bankruptcy Court"). Copies of the operating report may be obtained for a fee from the Bankruptcy Court's website located at http://www.flmb.uscourts.gov/. As previously announced on September 5, 2003, the Company filed for Chapter 11 bankruptcy protection and reorganization. As part of its reorganization plan, the Company has been in continuous negotiations with the various parties involved. Such discussions are ongoing and the Company anticipates it will be filing a plan with the Bankruptcy Court in the next few months. As previously announced, the Company has minimal cash and was unable to manufacture products due to limited inventories and unfavorable financial relationships with its vendors. As a result, the Company has furloughed the majority of its work force until the cash flow issues are resolved and funding to build additional inventory is available. As previously disclosed in its most recently filed SEC Form10-Q Quarterly Report (Q1, May 15, 2003) and Form 10-K Annual Report, the Company indicated that it had suffered recurring losses from operations and has a significant accumulated deficit that raises substantial doubt about its ability to continue as a going concern. The financial statements included in the previously filed SEC reports do not include any adjustments that might result from the outcome of these uncertainties, including the bankruptcy and subsequent reorganization. Once the Company's plan is submitted and approved, the Company may be required to adopt "fresh start" reporting in accordance with the American Institute of Certified Public Accountants' Statement of Position 90-7, Financial Reporting by Entities in reorganization Under the Bankruptcy Code ("SOP 90-7"). Fresh-start reporting may result in material changes to the Company's balance sheet, including valuation of assets at fair value in accordance with principles of the purchase method of accounting, valuation of liabilities pursuant to provisions of the Plan (when and if approved) and valuation of equity based on the reorganization value of the ongoing business. This press release contains forward-looking statements regarding future events and future performance of the Company, including statements with respect to consummation of a proposed transaction and commercialization of products, all of which involve risks and uncertainties that could materially affect actual results. Such statements are based on Management's current expectations and actual results could differ materially. Investors should refer to documents that the Company files from time to time with the Securities and Exchange Commission for a description of certain factors that could cause the actual results to vary from current expectations and the forward-looking statements contained in this press release. Such Filing includes, without limitation, the Company's Form 10-K, Form 10-Q and Form 8-K reports. For additional information, please contact: Lasersight Incorporated (407) 678-9900 ext. 117 SOURCE Lasersight Incorporated -0- 11/13/2003 /CONTACT: Lasersight Incorporated, +1-407-678-9900, ext. 117/ /Photo: NewsCom: http://www.newscom.com/cgi-bin/prnh/20020514/LASELOGO ) AP Archive: http://photoarchive.ap.org PRN Photo Desk, photodesk@prnewswire.com / /Web site: http://www.lasetech.com / (LASEQ) CO: LaserSight Incorporated ST: Florida IN: MTC OTC SU: -----END PRIVACY-ENHANCED MESSAGE-----