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U.S. Securities and Exchange Commission

UNITED STATES OF AMERICA
Before the
SECURITIES AND EXCHANGE COMMISSION

SECURITIES EXCHANGE ACT OF 1934 Release No. 50102 / July 28, 2004

ADMINISTRATIVE PROCEEDING File No. 3-11564


In the Matter of

EPICEDGE, INC.,

Respondent.


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ORDER INSTITUTING PROCEEDINGS, MAKING FINDINGS AND REVOKING REGISTRATION OF SECURITIES PURSUANT TO SECTION 12(j) OF THE SECURITIES EXCHANGE ACT OF 1934

I.

The Securities and Exchange Commission ("Commission") deems it necessary and appropriate for the protection of investors that proceedings be, and hereby are, instituted pursuant to Section 12(j) of the Securities Exchange Act of 1934 ("Exchange Act") against EpicEdge, Inc. ("EpicEdge" or "Respondent").

II.

In anticipation of the institution of these proceedings, Respondent has submitted an Offer of Settlement (the "Offer"), which the Commission has determined to accept. Solely for the purpose of these proceedings and any other proceedings brought by or on behalf of the Commission, or to which the Commission is a party, and without admitting or denying the findings herein, except as to the Commission's jurisdiction over it and the subject matter of these proceedings, Respondent consents to the entry of this Order Instituting Proceedings, Making Findings and Revoking Registration of Securities Pursuant to Section 12(j) of the Securities Exchange Act of 1934 ("Order"), as set forth below.

III.

On the basis of this Order and Respondent's Offer, the Commission finds1 that:

1. The common stock of EpicEdge is registered under Section 12(g) of the Exchange Act and has been registered since about 1979. EpicEdge, a Texas corporation based in Austin, Texas, is the product of a 1999 merger between Loch Exploration, Inc. and Design Automation Systems, Inc. In March 2000 the resulting company, Design Automation Systems, Inc., changed its name to EpicEdge. EpicEdge's stock is quoted on the "Pink Sheets" disseminated by Pink Sheets LLC.

2. A creditor of EpicEdge sold the company's assets in October 2003 after it defaulted on a loan. In November 2003, EpicEdge reported on Form 8-K that it had declared bankruptcy under Chapter 7 of the United States Bankruptcy Code.

3. At all relevant times, EpicEdge was required pursuant to Section 13(a) of the Exchange Act and Rules 13a-1 and 13a-13 thereunder to timely file, in proper form, its annual reports on Form 10-K and its quarterly reports on Form 10-Q.

4. EpicEdge has not filed its annual report for the fiscal year ended December 31, 2003. In addition, EpicEdge has not filed its quarterly report for the period ended September 30, 2003 or for any subsequent period.

5. As a result of the foregoing, EpicEdge has failed to comply with Section 13(a) of the Exchange Act and Rules 13a-1 and 13a-13 thereunder.

IV.

Section 12(j) of the Exchange Act provides as follows:

The Commission is authorized, by order, as it deems necessary or appropriate for the protection of investors to deny, to suspend the effective date of, to suspend for a period not exceeding twelve months, or to revoke the registration of a security, if the Commission finds, on the record after notice and opportunity for hearing, that the issuer of such security has failed to comply with any provision of this title or the rules and regulations thereunder. No member of a national securities exchange, broker, or dealer shall make use of the mails or any means of instrumentality of interstate commerce to effect any transaction in, or to induce the purchase or sale of, any security the registration of which has been and is suspended or revoked pursuant to the preceding sentence.

In view of the foregoing, the Commission finds that it is necessary and appropriate for the protection of investors to impose the sanction specified in Respondent's Offer.

Accordingly, it is hereby ORDERED, pursuant to Section 12(j) of the Exchange Act, that registration of each class of Respondent's securities registered pursuant to Section 12 of the Exchange Act be, and hereby is, revoked.

By the Commission.

Jonathan G. Katz
Secretary

Endnotes

 

http://www.sec.gov/litigation/admin/34-50102.htm


Modified: 07/28/2004