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SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 8-K
CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF
THE SECURITIES ACT OF 1934
AUGUST 24, 2001
Date of Report (date of earliest event reported)
BOLLINGER INDUSTRIES, INC.
(Exact name of registrant as specified in its charter)
DELAWARE 75-2502577
(State or other jurisdiction (I.R.S. Employer
of incorporation or Identification No.)
organization)
0-22716
(Commission File Number)
602 FOUNTAIN PARKWAY, GRAND PRAIRIE, TEXAS 75050
(Address of principal executive offices) (Zip Code)
(972) 343-1000
(Registrant's telephone number, including area code)
Total number of
sequentially numbered pages: 3
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ITEM 5. OTHER EVENTS
CAUSE NO. 96-02952; SUNTRUST BANK ATLANTA, AS TRUSTEE FOR SUNTRUST RETIREMENT
SUNBELT EQUITY FUND V. BOLLINGER INDUSTRIES, INC., GLENN D. BOLLINGER, BOBBY D.
BOLLINGER, MICHAEL J. BECK, JOHN L. MAGUIRE, AND GRANT THORNTON, L.L.P.; IN THE
191ST JUDICIAL DISTRICT COURT (ORIGINALLY FILED IN THE 68TH JUDICIAL DISTRICT
COURT) OF DALLAS COUNTY, TEXAS (THE "SUNTRUST LAWSUIT"):
On August 24, 2001, Bollinger Industries, Inc., Glenn D. Bollinger, Bobby D.
Bollinger, John L. Maguire, and Michael J. Beck received court approval for full
and final settlement with Suntrust Bank Atlanta, as trustee for Suntrust
Retirement Sunbelt Equity Fund in the Suntrust Lawsuit. The Suntrust Lawsuit was
filed as a class action. Notice of the terms of the proposed settlement was
given to each member of the class and no class members elected out of the
settlement.
CIVIL ACTION NO. 3:96C-V-0823-L; STI CLASSIC FUND AND STI CLASSIC SUNBELT V.
BOLLINGER INDUSTRIES, INC., GLENN D. BOLLINGER, BOBBY D. BOLLINGER, AND MICHAEL
J. BECK; IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS,
DALLAS DIVISION (THE "STI LAWSUIT"):
Concurrently with the settlement of the Suntrust Lawsuit, Bollinger Industries,
Inc., Glenn D. Bollinger, Bobby D. Bollinger and Michael J. Beck received court
approval for full and final settlement with STI Classic Fund and STI Classic
Sunbelt in STI Lawsuit. The STI Lawsuit was filed as a class action. Notice of
the terms of the proposed settlement was given to each member of the class and
no class members elected out of the settlement.
The Suntrust and STI Lawsuits filed in March 1996, were settled through
mediation and called for a one time payment of $400,000 and the issuance of
200,000 shares of Bollinger Common Stock which is subject to a Put and Call
Agreement. The $400,000 was paid into escrow in April 2001. The put and call
options run for one year and permit (1) the Company to call the stock for $2.00
per share, and (2) the plaintiffs to purchase the stock for $1.00 per share. See
the registrant's Quarterly Report on Form 10-Q for the quarter ended June 30,
2001 for a more detailed discussion of the Suntrust and STI Lawsuits.
ITEM 7. FINANCIAL STATEMENTS AND EXHIBITS
(c) EXHIBITS
The following exhibits are furnished in accordance with the provisions
of Item 601 of Regulation S-K:
10.71 Stipulation of Settlement dated April 2001 regarding the Suntrust and
STI Lawsuits (1)
10.72 Put and Call Agreement dated April 2001 between Goodkind Labaton Rudoff
& Sucharow, L.L.P. (in its representative capacity as agent for the
Class Members and as Lead Counsel in the Suntrust and STI Lawsuits),
and the Company, Glenn D. Bollinger and Bobby D. Bollinger (1)
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(1) Filed with the Registrant's Annual Report on Form 10-K for the
fiscal year ended March 31, 2001.
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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 thereunto duly authorized.
BOLLINGER INDUSTRIES, INC.
Date: August 27, 2001 /s/ Rose Turner
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Rose Turner
Executive Vice President - Finance, Chief
Financial Officer, Chief Operating Officer,
Treasurer and Secretary
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