UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, DC 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): January 31, 2005
THE WET SEAL, INC.
(Exact Name of Registrant as Specified in Charter)
| | | | |
| Delaware | | 0-18632 | | 33-0415940 |
(State or Other Jurisdiction of Incorporation) | | (Commission File Number) | | (IRS Employer Identification No.) |
| | |
26972 Burbank Foothill Ranch, California | | 92610 |
| (Address of Principal Executive Offices) | | (Zip Code) |
Registrant’s telephone number, including area code: (949) 583-9029
N/A
(Former Name or Former Address, if Changed Since Last Report)
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 8.01 Other Events
On January 31, 2005, The Wet Seal, Inc. (the “Company”) issued a press release to announce the receipt of the court appointed, lead plaintiffs’ Consolidated Class Action Complaint, filed in the United States District Court for the Central District of California, which consolidates all of the previously reported class actions. The complaint alleges that the defendants violated the federal securities laws by making material misstatements of fact or failing to disclose material facts during the class period concerning its prospects to stem ongoing losses in its Wet Seal division and return that business to profitability. Additionally, the complaint alleges that certain former directors and La Senza Corporation, a Canadian company controlled by them, unlawfully utilized material non-public information in connection with the sale of the Company’s stock by La Senza. The complaint seeks class certification, compensatory damages, interest, costs, attorney’s fees and injunctive relief. The Company intends to move to dismiss the consolidated complaint. A copy of the Company’s press release appears as Exhibit 99.1 to this Current Report and is incorporated herein by reference.
Item 9.01 Financial Statements and Exhibits
| (a) | Financial Statements of Business Acquired. |
Not Applicable.
| (b) | Pro Forma Financial Information. |
Not Applicable.
| 99.1 | Copy of press release, dated January 31, 2005, issued by the Company. |
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.
| | | | |
| | | THE WET SEAL, INC. (Registrant) |
| | |
Date: February 4, 2005 | | By: | | /s/ Doug Felderman
|
| | | Name: | | Doug Felderman |
| | | Title: | | Chief Financial Officer |
EXHIBIT INDEX
| | |
EXHIBIT NUMBER
| | DESCRIPTION
|
| 99.1 | | Copy of press release, dated January 31, 2005, issued by the Company. |
