U.S. SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
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FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the Securities Act of 1934
Date of Report (Date of earliest event reported):OCTOBER 21, 2003
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PERFORMANCE CAPITAL MANAGEMENT, LLC
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(Exact name of registrant as specified in its charter)
CALIFORNIA 0 - 50235 03-0375751
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(State or other (Commission (I.R.S. Employer
Jurisdiction File Number) Identification No.)
of incorporation)
222 SOUTH HARBOR BLVD., SUITE 400
ANAHEIM, CALIFORNIA 92805
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(Address of principal executive offices) (Zip Code)
Registrant's telephone number, including area code: (714) 502-3780
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ITEM 5. OTHER EVENTS.
On October 21, 2003, Performance Capital Management, LLC's Co-Chairpersons
of the Board of Directors prepared a letter to the Company's Unit Holders
recommending that they reject an offer by Sierra Liquidity Fund, LLC, to
purchase their units at $2.00 per unit and not tender their units to Sierra. A
form of the letter to Unit Holders and an accompanying
Solicitation/Recommendation Statement are filed as Exhibits 99.1 and 99.3 to
this report and are hereby incorporated by reference. Also on October 21, 2003,
the Company's Chief Operations Officer prepared a letter to Sierra demanding
that Sierra permit tendering Unit Holders to rescind their transactions and that
Sierra cease any tender offer for the Company's units until it complies with all
relevant laws. A form of the letter to Sierra is filed as Exhibit 99.2 to this
report and is hereby incorporated by reference. Exhibits 99.1 and 99.3 were
delivered to Sierra as well.
ITEM 7. EXHIBITS.
Exhibit No. Description
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99.1 Form of letter to Unit Holders communicating the recommendation of the
Board
99.2 Form of letter to Sierra communicating the concern of the Board
99.3 Solicitation/Recommendation Statement dated October 21, 2003
99.4 Excerpt from the Definitive Proxy Statement filed April 29, 2003
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SIGNATURES
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Pursuant to the requirements of the Securities Exchange Act of 1934, as
amended, the registrant has duly caused this report to be signed on its behalf
by the undersigned hereunto duly authorized.
PERFORMANCE CAPITAL MANAGEMENT, LLC
October 21, 2003 By: /s/ David J. Caldwell
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(Date) David J. Caldwell
Its: Chief Operations Officer
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EXHIBIT INDEX
Exhibit No. Description
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99.1 Form of letter to Unit Holders communicating the recommendation of the
Board
99.2 Form of letter to Sierra communicating the concern of the Board
99.3 Solicitation/Recommendation Statement dated October 21, 2003
99.4 Excerpt from the Definitive Proxy Statement filed April 29, 2003