Exhibit A .. has not been completed .. it is an SEC rule in regards to public companies filing chapter 11
I don't see how this Bk filing can become effective
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Public companies1 are subject to explicit disclosure and reporting requirements under the Securities Exchange Act of 1934.2 The act requires the filing of specified information with the Securities & Exchange Commission (SEC) in annual reports on Form 10-K and in quarterly reports on Form 10-Q. Current reports on Form 8-K are required when specified events occur and can be used to satisfy other disclosure obligations of public companies. Under SEC regulation,3 public companies can be required to avoid or correct certain kinds of “selective disclosure” — that is, to make public disclosure of any material, nonpublic information that has been privately disclosed to persons outside the company.
These Exchange Act obligations directly affect corporate communications. At most public companies, financial and accounting executives have a sound working knowledge of such requirements as they apply in the ordinary course of the company’s business. Quite understandably, however, when a public company seeks protection under Chapter 11 of the U.S. Bankruptcy Code, its management may not be familiar with precisely how such requirements apply to the business during such extraordinary proceedings.
This article reviews the basic Exchange Act disclosure and reporting requirements as they apply to public company Chapter 11 debtors.4 It is true that companies in Chapter 11 often comply with such requirements only very loosely and that SEC enforcement of such requirements against these companies is rare. Nevertheless, Exchange Act reporting and disclosure requirements continue to apply in bankruptcy, and turnaround professionals must take them into account in managing a case to a successful conclusion.
Announcing the Bankruptcy
Prior to entering Chapter 11, a troubled public company’s financial condition and legal, accounting, and operating problems typically are already publicly known to some extent. Filing the Chapter 11 petition with the Bankruptcy Court commences the bankruptcy case and triggers a requirement that the debtor make disclosure on Form 8-K,5 which must include certain basic information about the bankruptcy proceedings.6
The form must be filed with the SEC within four business days of the date the petition is filed.7 In most cases, a public company will find it convenient to prepare a press statement that includes the required information regarding the bankruptcy filing, issue the press release on the petition date, and then immediately file a Form 8-K to which the press release is attached as an exhibit.
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