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): October 16, 2007
iMergent, Inc.
(Exact Name of Registrant as Specified in Its Charter)
Delaware
(State or Other Jurisdiction of Incorporation)
001-32277 87-0591719
(Commission File Number) (IRS Employer Identification No.)
754 East Technology Avenue
Orem, Utah 84097
(Address of Principal Executive (Zip Code)
Offices)
(801) 227-0004
(Registrant's Telephone Number, Including Area Code)
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 October 19, 2007, The Federal Court of Australia New South Wales District
Registry (the "Court") ruled on a request for an injunction by the Australian
Competition and Consumer Commission (ACCC). The Court refused to enter an
injunction which barred iMergent, Inc. (the "Company") from conducting business
in Australia.
The ACCC sought a temporary injunction barring the Company from conducting
business in Australia until such time as a permanent injunction is entered which
would require certain actions on the part of the Company.
The Court, on a temporary basis, did not limit the Company's ability to conduct
business in Australia but did require the Company to provide information to the
ACCC and provide certain disclosures to purchasers. The Court has directed the
parties to agree on the form of the orders giving effect to reasons by the
Court, by October 26, 2007. The Court has not yet scheduled a hearing on the
request for a permanent injunction.
Consequently, the Company is proceeding with the scheduled workshops in
Australia during the week of October 22, 2007. The Company expects to fully
comply with the orders of the Court.
On October 16, 2007, the Company received an order from the California Court of
Appeals dated October 12, 2007 which denied the writ of supersedeas (Writ) filed
with the California Court of Appeals. The Writ was filed in an attempt to stay
enforcement of the preliminary injunction entered by the Ventura County Superior
Court on the grounds that the preliminary injunction constitutes a mandatory
injunction, mandating such a stay. The denial was without explanation and does
not affect the Company's right to appeal the underlying ruling or the entry of
the injunction.
Except for the historical information contained in this report, the statements
made by the Company are forward-looking statements that involve risks and
uncertainties. All such statements are subject to the safe harbor created by the
Private Securities Litigation Reform Act of 1995. The Company's future
performance could differ significantly from the expectations of management and
from results expressed or implied including but not limited to (i) the Company's
expectation that it should be able to comply with the orders of the Court, and
(ii) that the Company will conduct its scheduled workshops in Australia during
the week of October 22, 2007. For further information on other risk factors,
please refer to the "Risk Factors" contained in iMergent, Inc.'s Form 10-K for
the year ended June 30, 2007. The information in Item 8.01 of this report is
being furnished, not filed, pursuant to Form 8-K. Accordingly, the information
contained herein will not be incorporated by reference into any registration
statement filed by iMergent, Inc. under the Securities Act of 1933, as amended,
unless specifically identified therein as being incorporated therein by
reference.
Item 9.01 Financial Statements and Exhibits
(d) Exhibits
The following exhibit is furnished with this Current Report on Form 8-K:
Exhibit
Number Description
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99.1 Press release dated October 22, 2007.
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.
IMERGENT, INC.
/s/ Robert M. Lewis
----------------------------------------
By: Robert M. Lewis, Chief Financial
Officer
Date: October 22, 2007