-----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, QWWvM1WQsn+7pt/dx4+s4edPpeq51dymCA/ziWrln9zS7k3Uf/w15x/rXNvFqC/O FHvOMhFnatq6WV/lZU08Bw== 0000882184-02-000007.txt : 20020813 0000882184-02-000007.hdr.sgml : 20020813 20020813163839 ACCESSION NUMBER: 0000882184-02-000007 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 6 CONFORMED PERIOD OF REPORT: 20020813 ITEM INFORMATION: FILED AS OF DATE: 20020813 FILER: COMPANY DATA: COMPANY CONFORMED NAME: HORTON D R INC /DE/ CENTRAL INDEX KEY: 0000882184 STANDARD INDUSTRIAL CLASSIFICATION: OPERATIVE BUILDERS [1531] IRS NUMBER: 752386963 STATE OF INCORPORATION: DE FISCAL YEAR END: 0930 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-14122 FILM NUMBER: 02730174 BUSINESS ADDRESS: STREET 1: 1901 ASCENSION BLVD STREET 2: STE 100 CITY: ARLINGTON STATE: TX ZIP: 76006 BUSINESS PHONE: 8178568200 MAIL ADDRESS: STREET 1: 1901 ASCENSION BLVD STREET 2: SUITE 100 CITY: ARLINGTON STATE: TX ZIP: 76006 8-K 1 form8k081302.txt ITEM 9 REGULATION FD DISCLOSURE 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 August 13, 2002 --------------- (Date of Report--Date of Earliest Event Reported) D.R. Horton, Inc. ----------------- (Exact Name of Registrant as Specified in its Charter) - ------------------------ -------------------- -------------------------------- Delaware 1-14122 75-2386963 - ------------------------ -------------------- -------------------------------- (State or Other (Commission (IRS Employer Jurisdiction of File Number) Identification No.) Incorporation - ------------------------ -------------------- -------------------------------- 1901 Ascension Boulevard, Suite 100, Arlington, Texas 76006 ----------------------------------------------------------- (Address of Principal Executive Offices) (817) 856-8200 -------------- (Registrant's Telephone Number, Including Area Code) ------------------------------------------------------------- (Former Name or Former Address, if Changed Since Last Report) Item 9. Regulation FD Disclosure. On August 13, 2002, D.R. Horton, Inc., a Delaware corporation (the "Company"), filed with the Securities and Exchange Commission the Company's Quarterly Report on Form 10-Q for the fiscal quarter ended June 30, 2002. Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the Form 10-Q is accompanied by the certifications of Donald J. Tomnitz, Vice Chairman, President and Chief Executive Officer of the Company, and Samuel R. Fuller, Executive Vice President, Treasurer and Chief Financial Officer of the Company. Such certifications are attached hereto as Exhibits 99.1 and 99.2, respectively, and incorporated herein by reference. Also, on August 13, 2002, pursuant to Securities and Exchange Commission Order 4-460 (the "Order"), the principal executive officer and principal financial officer of the Company filed written statements, under oath, in the form of Exhibit A to the Order. Copies of the written statements are attached hereto as Exhibits 99.3 and 99.4, respectively, and incorporated herein by reference. The Company announced the completion of each of the certifications and written statements by a news release, which is attached hereto as Exhibit 99.5 and incorporated herein by reference. SIGNATURE 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. Date: August 13, 2002 D. R. Horton, Inc. By: /s/ Samuel R. Fuller ------------------------------------- Samuel R. Fuller Executive Vice President, Treasurer, and Chief Financial Officer EXHIBIT INDEX Exhibit Number Exhibit 99.1 Certificate pursuant to 18 U.S.C. Section 1350 by the Company's Chief Executive Officer. 99.2 Certificate pursuant to 18 U.S.C. Section 1350 by the Company's Chief Financial Officer. 99.3 Written Statement pursuant to Securities and Exchange Commission Order No. 4-460 of the Company's principal executive officer. 99.4 Written Statement pursuant to Securities and Exchange Commission Order No. 4-460 of the Company's principal financial officer. 99.5 News Release, dated August 13, 2002. EX-99 3 exhibit991.txt CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350 Exhibit 99.1 D.R. HORTON, INC. CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 In connection with the Quarterly Report of D.R. Horton, Inc. (the "Company") on Form 10-Q for the period ending June 30, 2002 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Donald J. Tomnitz, Vice Chairman, President and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge: (1) The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and (2) The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. /s/ Donald J. Tomnitz ----------------------------------------- Donald J. Tomnitz Vice Chairman, President and Chief Executive Officer August 13, 2002 EX-99 4 exhibit992.txt CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350 Exhibit 99.2 D.R. HORTON, INC. CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 In connection with the Quarterly Report of D.R. Horton, Inc. (the "Company") on Form 10-Q for the period ending June 30, 2002 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Samuel R. Fuller, Executive Vice President, Treasurer and Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge: (1) The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and (2) The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. /s/ Samuel R. Fuller ---------------------------------------------- Samuel R. Fuller Executive Vice President, Treasurer and Chief Financial Officer August 13, 2002 EX-99 5 exhibit993.txt STATEMENT OF PRINCIPAL EXECUTIVE OFFICER Exhibit 99.3 STATEMENT UNDER OATH OF PRINCIPAL EXECUTIVE OFFICER AND PRINCIPAL FINANCIAL OFFICER REGARDING FACTS AND CIRCUMSTANCES RELATING TO EXCHANGE ACT FILINGS I, Donald J. Tomnitz, state and attest that: (1) To the best of my knowledge, based upon a review of the covered reports of D.R. Horton, Inc., and, except as corrected or supplemented in a subsequent covered report: o no covered report contained an untrue statement of a material fact as of the end of the period covered by such report (or in the case of a report on Form 8-K or definitive proxy materials, as of the date on which it was filed); and o no covered report omitted to state a material fact necessary to make the statements in the covered report, in light of the circumstances under which they were made, not misleading as of the end of the period covered by such report (or in the case of a report on Form 8-K or definitive proxy materials, as of the date on which it was filed). (2) I have reviewed the contents of this statement with D.R. Horton, Inc.'s audit committee. (3) In this statement under oath, each of the following, if filed on or before the date of this statement, is a "covered report": o Annual Report on Form 10-K for the fiscal year ended September 30, 2001, filed with the Commission on November 20, 2001, of D.R. Horton, Inc.; o all reports on Form 10-Q, all reports on Form 8-K and all definitive proxy materials of D.R. Horton, Inc. filed with the Commission subsequent to the filing of the Form 10-K identified above; and o any amendments to any of the foregoing. /s/ Donald J. Tomnitz - ------------------------------------------- Subscribed and sworn to before Donald J. Tomnitz, Vice Chairman, President me this 13th day of August, 2002. & Chief Executive Officer D.R. Horton, Inc. August 13, 2002 /s/ Cindi S. Millard -------------------------------- Cindi S. Millard, Notary Public My Commission Expires: 09/30/05 EX-99 6 exhibit994.txt STATEMENT OF PRINCIPAL FINANCIAL OFFICER Exhibit 99.4 STATEMENT UNDER OATH OF PRINCIPAL EXECUTIVE OFFICER AND PRINCIPAL FINANCIAL OFFICER REGARDING FACTS AND CIRCUMSTANCES RELATING TO EXCHANGE ACT FILINGS I, Samuel R. Fuller, state and attest that: (1) To the best of my knowledge, based upon a review of the covered reports of D.R. Horton, Inc., and, except as corrected or supplemented in a subsequent covered report: o no covered report contained an untrue statement of a material fact as of the end of the period covered by such report (or in the case of a report on Form 8-K or definitive proxy materials, as of the date on which it was filed); and o no covered report omitted to state a material fact necessary to make the statements in the covered report, in light of the circumstances under which they were made, not misleading as of the end of the period covered by such report (or in the case of a report on Form 8-K or definitive proxy materials, as of the date on which it was filed). (2) I have reviewed the contents of this statement with D.R. Horton, Inc.'s audit committee. (3) In this statement under oath, each of the following, if filed on or before the date of this statement, is a "covered report": o Annual Report on Form 10-K for the fiscal year ended September 30, 2001, filed with the Commission on November 20, 2001, of D.R. Horton, Inc.; o all reports on Form 10-Q, all reports on Form 8-K and all definitive proxy materials of D.R. Horton, Inc. filed with the Commission subsequent to the filing of the Form 10-K identified above; and o any amendments to any of the foregoing. /s/ Samuel R. Fuller - ------------------------------------------- Samuel R. Fuller, Executive Vice President, Subscribed and sworn to before Treasurer & Chief Financial Officer me this 13th day of August, 2002. D.R. Horton, Inc. August 13, 2002 /s/ Jennifer A. Tewalt --------------------------------- Jennifer A. Tewalt, Notary Public My Commission Expires: 12/22/03 EX-99 7 exhibit995.txt NEWS RELEASE, DATED AUGUST 13, 2002 Exhibit 99.5 Sam Fuller, CFO; Stacey Dwyer, EVP 1901 Ascension Blvd., Suite 100, Arlington, TX 76006 817-856-8200 August 13, 2002 D.R. HORTON, INC. CEO AND CFO CERTIFY FINANCIAL STATEMENTS ARLINGTON, TEXAS - D.R. Horton, Inc. (NYSE:DHI) Tuesday (August 13, 2002), announced that Donald J. Tomnitz, Chief Executive Officer, and Samuel R. Fuller, Chief Financial Officer, have filed statements with the Securities and Exchange Commission (SEC) certifying that, to the best of their knowledge, D.R. Horton's recent SEC filings do not contain any untrue statement of material facts or omit to state material facts necessary to make the statements in the filings not misleading. The sworn statements are in the form prescribed by the SEC's June 27, 2002 order requiring 947 companies to certify the accuracy of their respective financial reports. The statements cover the Company's annual report on Form 10-K for the fiscal year ended September 30, 2001, its quarterly reports on Form 10-Q for the first three fiscal quarters of 2002, its current reports on Form 8-K filed subsequent to the 10-K for fiscal year 2001 and its fiscal year 2001 proxy statement issued in January 2002. The certifications may be accessed at www.drhorton.com on the Investor Relations page. The Company's audit committee, comprised solely of independent directors, reviewed each of the sworn statements with the certifying officers. In addition, Mr. Tomnitz and Mr. Fuller have furnished the SEC with the written certifications required by Section 906 of the Sarbanes-Oxley Act of 2002 in connection with the filing of the Company's quarterly report on Form 10-Q for the quarter ended June 30, 2002. Founded in 1978, D.R. Horton, Inc. is engaged in the construction and sale of high quality homes designed principally for the entry-level and first time move-up markets. D.R. Horton currently builds and sells homes under the D.R. Horton, Arappco, Cambridge, Continental, Dietz-Crane, Dobson, Emerald, Melody, Milburn, Regency, Schuler, SGS Communities, Stafford, Torrey, Trimark, and Western Pacific names in 20 states and 44 markets, with a geographic presence in the Midwest, Mid-Atlantic, Southeast, Southwest and Western regions of the United States. The Company also provides mortgage financing and title services for homebuyers through its mortgage and title subsidiaries. WEBSITE ADDRESS: www.DRHORTON.com -----END PRIVACY-ENHANCED MESSAGE-----