UNITED STATES
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 15, 2009
| Performance Capital Management, LLC |
| (Exact name of registrant as specified in its charter) |
| California | 0 – 50235 | 03-0375751 | ||
| (State or other Jurisdiction of incorporation) | (Commission File Number) | (I.R.S. Employer Identification No.) |
7001 Village Drive, Suite 255 Buena Park, California | 90621 | |
| (Address of principal executive offices) | (Zip Code) |
Registrant's telephone number, including area code: (714) 736-3790
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 5.02. Departure of Directors or Certain Officers, Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers.
Departure of Chief Information Officer
On December 15, 2009, Mr. Darren Bard informed the Board of Directors of Performance Capital Management, LLC (the “Company”) that he would resign from his position as Chief Information Officer of the Company, and its subsidiary, effective January 15, 2010 to pursue other career opportunities. Mr. Bard will be assisting the Company in transitioning matters prior to his departure. Mr. Bard has no disagreement with the Company on any matter relating to the Company's operations, policies or practices.
The Board does not plan to fill the position left by Mr. Bard’s departure due to the Company’s depleting cash reserves. This may have a material impact on the Company’s day-to-day operations and internal controls over financial reporting given Mr. Bard’s technical skills and his role in tracking and reporting on the performance of the Company’s portfolios. Mr. Bard may, however, continue to assist the Company as an independent contractor on an as-needed basis after his employment ends, which will alleviate the impact to the Company as a result of his departure.
In connection with his departure, Mr. Bard will not receive a severance payment, as provided in his employment agreement with the Company, but will be eligible for continuing health insurance coverage under COBRA.
FORWARD-LOOKING STATEMENTS
Except for the historical information presented in this document, the matters discussed in this Form 8-K or otherwise incorporated by reference into this document contain “forward-looking statements” (as such term is defined in the Private Securities Litigation Reform Act of 1995). These statements can be identified by the use of forward-looking terminology such as “believes,” “plans,” “expects,” “may,” “will,” “intends,” “should,” “plan,” “assume” or “anticipates” or the negative thereof or other variations thereon or comparable terminology, or by discussions of strategy that involve risks and uncertainties. The safe harbor provisions of Section 21E of the Securities Exchange Act of 1934, as amended, and Section 27A of the Securities Act of 1933, as amended, apply to forward-looking statements made by Performance Capital Management, LLC. You should not place undue reliance on forward-looking statements. Forward-looking statements involve risks and uncertainties. The actual results that we achieve may differ materially from any forward-looking statements due to such risks and uncertainties. These forward-looking statements are based on current expectations, and we assume no obligation to update this information. Readers are urged to carefully review and consider the various disclosures made by us in this report on Form 8-K and in our other reports filed with the Securities and Exchange Commission that attempt to advise interested parties of the risks and factors that may affect our business.
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.
| PERFORMANCE CAPITAL MANAGEMENT, LLC | |||||
| December 18, 2009 | By: | /s/ David J. Caldwell | |||
| (Date) | David J. Caldwell | ||||
| Its: Chief Operations Officer | |||||