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 19, 2008
PERFORMING BRANDS, INC.
(Exact Name of Registrant as Specified in Charter)
Delaware 000-50057 65-1082135
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(State or Other (Commission (IRS Employer
Jurisdiction of File Number) Identification No.)
Incorporation)
4951 Airport Parkway, #660, Addison, Texas 75001
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(Address of Principal Executive Offices) (Zip Code)
(972) 818-3862
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Registrant's Telephone Number
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(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 (see General Instruction A.2. below):
[ ] 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)
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Item 1.03 Bankruptcy or Receivership.
On December 18, 2008, the Board of Directors of Performing Brands,
Inc. (the "Company") resolved that it is in the best interests of the Company to
file a petition in the United States Bankruptcy Court under Chapter 7 of the
United States Bankruptcy Code (the "Bankruptcy Petition"). The Company's senior
creditor took possession of the Company's bank accounts on December 18, 2008,
which foreclosed the Company's ability to continue operations. On December 19,
2008, the Company filed the Bankruptcy Petition in the United States Bankruptcy
Court for the Northern District of Texas and ceased to do business. The
bankruptcy trustee has yet to be appointed.
Item 3.01 Notice of Delisting or Failure to Satisfy a Continued Listing Rule or
Standard; Transfer of Listing.
Pursuant to a notice the Company received from the OTC Bulletin Board
("OTCBB") on November 24, 2008, the Company was required to file its quarterly
report on Form 10-Q by the close of business on December 18, 2008 in order for
the Company's common stock to remain eligible to be quoted on the OTCBB. The
Company did not file its quarterly report on Form 10-Q by the close of business
on December 18, 2008. Accordingly, the Company's common stock was removed from
quotation on the OTCBB effective at the close of business on December 18, 2008.
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SIGNATURE
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.
PERFORMING BRANDS, INC.
By: /s/ Stephen C. Ruffini
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Name: Stephen C. Ruffini
Title: Chief Financial and Operating Officer
Date: December 19, 2008
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