SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K
CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(d)
OF THE SECURITIES EXCHANGE ACT OF 1934
Date of Report (Date of earliest event reported): December 22, 2003
TenFold Corporation
(Exact Name of Registrant as Specified in Charter)
| Delaware | | 0-25661 | | 83-0302610 |
| (State or Other Jurisdiction of Incorporation) | | (Commission File Number) | | (I.R.S. Employer Identification No.) |
698 West 10000 South
South Jordan, Utah 84095
(Address of Principal Executive Offices) (Zip Code)
Registrant’s telephone number, including area code (801) 495-1010
Not Applicable
(Former Name or Former Address, if Changed Since Last Report)
| Item | 7. Financial Statements and Exhibits |
(a) Not applicable
(b) Not applicable
(c) Exhibits
Exhibit No.
| | Description
|
4.6 | | Form of Securities Purchase Agreement dated December 22, 2003 between Registrant and purchasers of common stock. |
4.7 | | Form of Amendment No. 1 to Securities Purchase Agreement |
10.29 | | Form of Placement Agent Agreement dated December 12, 2003 between Registrant and Brean Murray & Co., Inc. |
99.1 | | Press Release issued December 22, 2003 |
Item 9. Regulation FD Disclosure
On December 22, 2003, the Registrant raised $10,000,000 through the private placement of 5,000,000 shares of common stock at a price of $2.00 per share. In connection with this financing, the Registrant paid a placement agent fee equal to 7% of the amount raised. This financing was completed to improve the Registrant’s cash position and increase its available working capital. Copies of the principal transaction documents entered into in connection with this financing are attached as exhibits hereto. In addition, for Regulation FD purposes, the Registrant is furnishing
as an exhibit hereto a copy of the Private Placement Memorandum delivered in connection with this financing by the Registrant to potential investors, who prior to this public disclosure were subject to nondisclosure obligations.
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.
TENFOLD CORPORATION By: /s/ Nancy M. Harvey Name: Nancy M. Harvey |
Title: President, Chief Executive Officer and Chief Financial Officer |
|
Dated: December 23, 2003 |
EXHIBIT INDEX
Exhibit No.
| | Description
|
4.6 | | Form of Securities Purchase Agreement dated December 22, 2003 between Registrant and purchasers of common stock. |
4.7 | | Form of Amendment No. 1 to Securities Purchase Agreement |
10.29 | | Form of Placement Agent Agreement dated December 12, 2003 between Registrant and Brean Murray & Co., Inc. |
99.1 | | Press Release issued December 22, 2003 |
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