(Registrant’s Telephone Number, Including Area
Code)
(Former Name or Former Address, If Changed Since Last
Report)
C:
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:
☐ 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))
Securities
registered pursuant to Section 12(b) of the Act: None
Title of each class
Trading Symbol
Name of each exchange on which registered
Indicate
by check mark whether the registrant is an emerging growth company
as defined in Rule 405 of the Securities Act of 1933 (§230.405
of this chapter) or Rule 12b-2 of the Securities Act of 1934
(§240.12b-2 of this chapter).
Emerging
growth company ☐
If an
emerging growth company, indicate by check mark if the registrant
has elected not to use the extended transition period for complying
with any new or revised financial accounting standards provided
pursuant to Section 13(a) of the Exchange Act. ☐
Item 8.01. Other Events.
Litigation
Update
As
previously reported by Swisher Hygiene Inc. (the
“Company’), in a Report on Form 8-K, filed with the
Securities and Exchange Commission on October 23, 2019, Honeycrest
Holdings Ltd, a purported claimant in the Company’s
dissolution and a long-time litigant against the Company
(“Honeycrest”), had agreed to pursue mediation in an
effort to resolve its decades-long litigation.
In a
supplemental status report, the Company has advised the Court of
Chancery of the State of Delaware (the “Delaware
Court”) overseeing the Company’s dissolution and
liquidation, that the mediation with Honeycrest held on November25, 2019, was unsuccessful. Accordingly, the Company has informed
the Delaware Court that it wishes to move forward with its
previously filed Motion for First Interim Distribution in the
amount of $10 million (the “Distribution Motion”) and
in that regard has requested that the Delaware Court grant its
Motion for Approval of Proposed Process (the “Distribution
Process Motion”) and grant its Motion for Approval of
Proposed Process to Resolve Remaining Claims (the “Process
Motion to Resolve Claims”). Together the Distribution Process
Motion and the Process Motion to Resolve Claims (the “Process
Motions”) would provide notice to the few remaining parties
with purported claims against the Company and provide them an
opportunity to object to the Distribution Motion and/or
substantiate their claims against the Company and, if necessary,
request an opportunity to be heard as part of the Delaware
Court’s consideration of the Company’s Distribution
Motion.
On
December 16, 2019 the Delaware Court in a written Scheduling Order
Governing Further Proceedings (the “Scheduling Order”)
granted the Process Motions, and set a notice and briefing schedule
for the Process Motions. Under the briefing schedule, the Company
believes all objections and/or claims should be fully briefed and
ready for consideration during the first quarter of
2020.
The
Company continues to seek the completion of its dissolution and
liquidation by March 31, 2020 (the date at which its existence is
set to expire), but can provide no assurances that it will be able
to do so by that date.
C:
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.
