Current report on SEC Form 8-K checklist - Center for Corporate ...

Current report on SEC Form 8-K checklist - Center for Corporate ... Current report on SEC Form 8-K checklist - Center for Corporate ...

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Checklist for ong>Currentong> Report on SEC Form 8-K (11-04) KSB). Item 2.03 Creation of a Direct Financial Obligation or an Obligation under an Off- Balance-Sheet Arrangement of a Registrant (a) (b) If the registrant becomes obligated on a direct financial obligation that is material to the registrant, disclose the following information: (1) The date on which the registrant becomes obligated on the direct financial obligation and a brief description of the transaction or agreement creating the obligation; (2) The amount of the obligation, including the terms of its payment and, if applicable, a brief description of the material terms under which it may be accelerated or increased and the nature of any recourse provisions that would enable the registrant to recover from third parties; and (3) A brief description of the other terms and conditions of the transaction or agreement that are material to the registrant. If the registrant becomes directly or contingently liable for an obligation that is material to the registrant arising out of an off-balance-sheet arrangement, disclose the following information: (1) The date on which the registrant becomes directly or contingently liable on the obligation and a brief description of the transaction or agreement creating the arrangement and obligation; (2) A brief description of the nature and amount of the obligation of the registrant under the arrangement, including the material terms whereby it Complied With Where Disclosed or Reason Omitted 18

Checklist for ong>Currentong> Report on SEC Form 8-K (11-04) (c) (d) (e) may become a direct obligation, if applicable, or may be accelerated or increased and the nature of any recourse provisions that would enable the registrant to recover from third parties; (3) The maximum potential amount of future payments (undiscounted) that the registrant may be required to make, if different; and (4) A brief description of the other terms and conditions of the obligation or arrangement that are material to the registrant. For purposes of this Item 2.03, direct financial obligation means any of the following: (1) A long-term debt obligation, as defined in Item 303(a)(5)(ii)(A) of Regulation S-K; (2) A capital lease obligation, as defined in Item 303(a)(5)(ii)(B) of Regulation S- K; (3) An operating lease obligation, as defined in Item 303(a)(5)(ii)(C) of Regulation S-K; or (4) A short-term debt obligation that arises other than in the ordinary course of business. For purposes of this Item 2.03, off-balancesheet arrangement has the meaning set forth in Item 303(a)(4)(ii) of Regulation S-K or Item 303(c)(2) of Regulation S-B, as applicable. For purposes of this Item 2.03, short-term debt obligation means a payment obligation under a borrowing arrangement that is scheduled to mature within one year, or, for those registrants that use the operating cycle concept of working capital, within a Complied With Where Disclosed or Reason Omitted 19

Checklist <strong>for</strong> <str<strong>on</strong>g>Current</str<strong>on</strong>g> Report <strong>on</strong> <strong>SEC</strong> <strong>Form</strong> 8-K (11-04)<br />

KSB).<br />

Item 2.03 Creati<strong>on</strong> of a Direct Financial<br />

Obligati<strong>on</strong> or an Obligati<strong>on</strong> under an Off-<br />

Balance-Sheet Arrangement of a Registrant<br />

(a)<br />

(b)<br />

If the registrant becomes obligated <strong>on</strong> a<br />

direct financial obligati<strong>on</strong> that is material to<br />

the registrant, disclose the following<br />

in<strong>for</strong>mati<strong>on</strong>:<br />

(1) The date <strong>on</strong> which the registrant<br />

becomes obligated <strong>on</strong> the direct<br />

financial obligati<strong>on</strong> and a brief<br />

descripti<strong>on</strong> of the transacti<strong>on</strong> or<br />

agreement creating the obligati<strong>on</strong>;<br />

(2) The amount of the obligati<strong>on</strong>,<br />

including the terms of its payment and,<br />

if applicable, a brief descripti<strong>on</strong> of the<br />

material terms under which it may be<br />

accelerated or increased and the nature<br />

of any recourse provisi<strong>on</strong>s that would<br />

enable the registrant to recover from<br />

third parties; and<br />

(3) A brief descripti<strong>on</strong> of the other terms<br />

and c<strong>on</strong>diti<strong>on</strong>s of the transacti<strong>on</strong> or<br />

agreement that are material to the<br />

registrant.<br />

If the registrant becomes directly or<br />

c<strong>on</strong>tingently liable <strong>for</strong> an obligati<strong>on</strong> that is<br />

material to the registrant arising out of an<br />

off-balance-sheet arrangement, disclose the<br />

following in<strong>for</strong>mati<strong>on</strong>:<br />

(1) The date <strong>on</strong> which the registrant<br />

becomes directly or c<strong>on</strong>tingently liable<br />

<strong>on</strong> the obligati<strong>on</strong> and a brief<br />

descripti<strong>on</strong> of the transacti<strong>on</strong> or<br />

agreement creating the arrangement<br />

and obligati<strong>on</strong>;<br />

(2) A brief descripti<strong>on</strong> of the nature and<br />

amount of the obligati<strong>on</strong> of the<br />

registrant under the arrangement,<br />

including the material terms whereby it<br />

Complied<br />

With<br />

Where Disclosed or<br />

Reas<strong>on</strong> Omitted<br />

18

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