Registrant’s
telephone number, including area code (972) 673-9000
Not
Applicable
(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):
o Written communications
pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o Soliciting material
pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
o Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
o Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))
Explanatory
Note:
This
Amendment No.1 amends the Form 8-K dated June 1, 2009 and filed June 8, 2009 by
the registrant with the Commission, including by amending the: (i) initial Form
8-K filing in its entirety by changing the Item Tag to the filing from Item Tag
9.01 to Item Tag 4.01 and 9.01; and (ii) disclosures in the initial Form 8-K
filing to state that the decision to change accountants was approved by the
board of directors of the registrant.
Item
4.01. Changes in Registrant’s Certifying Accountant.
Item 4.01
of the initial Form 8-K filing is hereby amended and restated in its entirety as
follows:
“Effective
as of June 1, 2009, KBA Group LLP resigned as the registrant’s principal
accountant and the registrant engaged BKD, LLP as the registrant’s new principal
accountant to audit the registrant’s financial statements, in each case, in
connection with KBA Group joining BKD and not as a result of any disagreement
with KBA Group.
KBA
Group’s reports on the financial statements for the past two years did not
contain an adverse opinion or a disclaimer of opinion and were not qualified or
modified as to uncertainty, audit scope, or accounting principles.
The
appointment of BKD as the registrant’s independent registered public accounting
firm was approved by the board of directors of the registrant.
During
the registrant’s two most recent fiscal years and any subsequent interim period
preceding such resignation, there was not any (i) disagreement with KBA Group on
any matter of accounting principles or practices, financial statement
disclosure, or auditing scope or procedure, which disagreement, if not resolved
to the satisfaction of KBA Group, would have caused KBA Group to make reference
to the subject matter of the disagreement in connection with KBA Group’s report
or (ii) reportable event (as defined in Item 304(a)(1)(v) of Regulation
S-K).
During
the registrant’s two most recent fiscal years, and any subsequent interim period
prior to engaging that accountant, neither the registrant (nor anyone on its
behalf) consulted BKD regarding any matter or event listed in Item 304(a)(2) of
Regulation S-K.
The
registrant (i) provided KBA Group with a copy of the disclosures the registrant
made in the initial Form 8-K filing in response to Item 304(a) of Regulation S-K
and (ii) requested KBA Group to furnish the registrant with a letter addressed
to the Commission stating whether KBA Group agreed with the statements made by
the registrant therein in response to Item 304(a) and, if not, stating the
respects in which KBA Group did not agree. The initial letter from
KBA Group is filed as an exhibit hereto.
The
registrant (i) provided KBA Group with a copy of the amended disclosures the
registrant is making herein in response to Item 304(a) of Regulation S-K and
(ii) requested KBA Group to furnish the registrant with an updated letter
addressed to the Commission stating whether KBA Group agrees with the statements
made by the registrant herein in response to Item 304(a) and, if not, stating
the respects in which KBA Group does not agree. The updated letter
from KBA Group is filed as an exhibit hereto.”
Item
9.01 Financial
Statements and Exhibits.
Item
9.01(d) of the Schedule 13D is hereby amended and restated in its entirety as
follows:
(d) Exhibits.
|
Exhibit
|
Description
of Exhibit
|
|
16.1
|
Initial
Letter dated June 5, 2009 from KBA Group LLP (incorporated herein by
reference from Exhibit 16.1 to the Form 8-K dated June 1 and filed June 8,
2009 by the registrant with the Commission)
|
|
16.2
|
Updated
Letter dated June 17, 2009 from KBA Group LLP (furnished
herewith)
|