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): April 2, 2001
Pathnet Telecommunications, Inc.
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(Exact name of registrant as specified in its charter)
DELAWARE
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(State or other jurisdiction of incorporation or organization)
0-30155 52-2201331
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(Commission File No.) (I.R.S. Employer
Identification No.)
11720 SUNRISE VALLEY DRIVE
RESTON, VA 20191
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(Address of principal executive offices) (Zip Code)
(703) 390-1000
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(Registrant's telephone number, including area code)
Item 3. Bankruptcy or Receivership.
On April 2, 2001, Pathnet Telecommunications, Inc., along with its
direct and indirect subsidiaries, Pathnet, Inc., Pathnet Operating, Inc.,
Pathnet Operating of Virginia, Inc., Pathnet Real Estate LLC, and Pathnet Fiber
Equipment LLC (collectively, the "Subsidiaries"), filed voluntary petitions for
Chapter 11 bankruptcy protection in the US. Bankruptcy Court for the District of
Delaware (the "Bankruptcy Court"). These cases have been assigned to Judge Peter
J. Walsh and designated as case numbers 01-1223 (PJW) through 01-1228 (PJW). No
trustee, receiver or examiner has been appointed and Pathnet Telecommunications,
Inc. and the Subsidiaries are continuing to operate their businesses as a
debtors-in-possession while being subject to the supervision and orders of the
Bankruptcy Court.
On April 4, 2001, the Bankruptcy Court entered orders approving
various first day motions and applications filed by Pathnet Telecommunications,
Inc. and the Subsidiaries including orders authorizing (i) the maintenance of
existing bank accounts, (ii) the payment of certain prepetition sales, use and
other trust fund taxes, (iii) prohibiting utility companies from altering,
refusing or discontinuing services and establishing procedures for providing
adequate assurance of payment of utility companies, (iv) the continuance of
certain employee benefits and the payment of certain employee compensation, and
(v) establishing a procedure for treatment of valid reclamation claims and
prohibiting third parties from interfering with the delivery of Pathnet
Telecommunications, Inc.'s goods.
On April 2, 2001, Pathnet Telecommunications, Inc. issued a press
release relating its bankruptcy filings. This release was attached to the Form
8-K that Pathnet Telecommunications, Inc. filed with the Securities and Exchange
Commission on April 4, 2001, and is incorporated herein in its entirety by
reference.
Item 7. Financial Statements and Exhibits.
(c) Exhibits:
99.1 The press release of Pathnet Telecommunications, Inc. dated April 2,
2001, incorporated by reference to Pathnet Telecommunications,
Inc.'s Form 8-K (File No. 0-30155) filed by Pathnet
Telecommunications, Inc., with the Securities and Exchange
Commission on April 4, 2001.
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.
PATHNET TELECOMMUNICATIONS, INC.
Dated: April 12, 2001 By: /s/ Mary McDermott
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Mary McDermott
Senior Vice President, General Counsel and
Secretary
INDEX TO EXHIBITS
Exhibit No.
99.1 Press Release dated April 2, 2001 incorporated by reference to
Pathnet Telecommunications, Inc.'s Form 8-K (File No. 0-30155) filed
by Pathnet Telecommunications, Inc. with the Securities and Exchange
Commission on April 4, 2001.