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))
Item
5.03 Amendments to Articles of Incorporation or Bylaws; Change in Fiscal
Year.
On
January 16, 2008, TWTR, Inc. (the "Company") filed a Certificate of Amendment
(the "Certificate of Amendment") to its Amended and Restated Certificate of
Incorporation (the "Certificate of Incorporation") with the Secretary of State
of Delaware changing the Company's name from "Tweeter Home Entertainment Group,
Inc." to "TWTR, Inc." The amendment was adopted pursuant to an order,
entered July 13, 2007, by the United States Bankruptcy Court for the District of
Delaware (the "Court") and Section 303 of the Delaware General Corporation
Law. A copy of the Certificate of Amendment is attached hereto as
Exhibit 3.1.
Item
8.01 Other Events.
As
previously reported to the Commission, on June 11, 2007, the Company and each of
its subsidiaries filed voluntary petitions for reorganization under Chapter 11
of the U.S. Bankruptcy Code (the "Code"). The filings were made in the Court in
Wilmington, Delaware. On July 13, 2007, the Court entered an order approving the
sale of substantially all of the assets of the Company and its subsidiaries to
Tweeter Newco LLC and/or its assignees.
On
February 8, 2008, the Company and its subsidiaries filed a monthly operating
report (see Exhibit 99.1 below) for the period from July 1, 2007 through July
31, 2007 with the Court as required by the Code.
On
February 13, 2008, the Company and its subsidiaries filed a monthly operating
report (see Exhibit 99.2 below) for the period from August 1, 2007 through
August 31, 2007 with the Court as required by the Code.
On
February 13, 2008, the Company and its subsidiaries filed a monthly operating
report (see Exhibit 99.3 below) for the period from September 1, 2007 through
September 30, 2007 with the Court as required by the Code.
Item
9.01. Financial Statements and Exhibits.
(d)
Exhibits.
Exhibit
3.1 Certificate of
Amendment to Certificate of Incorporation of the Company.
Exhibit
99.1 Monthly Operating Report for
the period from July 1, 2007 through July
31, 2007 for the Company and its subsidiaries.
Exhibit
99.2 Monthly Operating Report for
the period from August 1, 2007 through August
31, 2007 for the Company and its subsidiaries.
Exhibit
99.3 Monthly Operating Report for
the period from September 1, 2007 through
September
30, 2007 for the Company and its subsidiaries.