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): May 30, 2003
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HAUSER, INC.
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(Exact name of registrant as specified in its charter)
Delaware 0-17174 84-0926801
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(State or other jurisdiction (Commission File (IRS Employer
of incorporation) Number) Identification No.)
840 Apollo Street, Suite 209
El Segundo, California 90245
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(Address of principal executive offices) Zip Code
Registrant's telephone number, including area code: (310) 648-7881
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Registrant's Former Address: 20710 S. Alameda Street
Long Beach, California 90810-1107
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Item 5. Other Events.
On April 1, 2003, Hauser, Inc., a Delaware corporation (the "Company"), and
its wholly owned subsidiaries, filed voluntary petitions for relief under
Chapter 11 of Title 11 of the United States Code (the "Bankruptcy Code") in the
United States Bankruptcy Court for the Central District of California (the
"Bankruptcy Court") (Case Nos. LA 03-18788-BB, LA 03-18795-BB, LA 03-18798-BB,
and LA 03-18802-BB). Pursuant to a Bankruptcy Court order dated April 8, 2003,
the four cases are being jointly administered under Case No. LA 03-18788-BB.
By letter to the Securities and Exchange Commission (the "Commission")
dated May 6, 2003, the Company requested modification of its reporting
obligations under the Securities Exchange Act of 1934, as amended (the "Exchange
Act"), pursuant to the Securities Exchange Act Release No. 9660 (June 30, 1972)
and the Commission's Staff Legal Bulletin No. 2 (April 15, 1997) (the "No-Action
Request Letter"). Pursuant to the No-Action Request Letter, the Company
requested that the Commission allow it, while its Chapter 11 case was pending,
to file under cover of Form 8-K copies of the monthly financial reports that are
required to be filed with the Office of the United States Trustee (the
"Trustee") pursuant to Bankruptcy Rule 2015 and the Trustee's Financial
Reporting Requirements for Chapter 11 Cases (the "Trustee's Reports") in lieu of
continuing to file quarterly and annual reports under Section 13(a) of the
Exchange Act. In addition, because these Trustee's Reports are not readily
available in an electronic format, the Company requested, by separate letter
dated May 6, 2003, a continuing hardship exemption from EDGAR filing pursuant to
Rule 202 of Regulation S-T. On May 15, 2003, the Commission granted the
Company's request for a continuing hardship exemption conditioned upon the grant
of no-action relief, as requested by the Company in the No-Action Request
Letter. As of June 9, 2003, the Commission had not granted or denied the
Company's request for no-action relief.
On May 30, 2003, the Company and its wholly owned subsidiaries filed the
Trustee's Report for the month ended April 30, 2003 with the Trustee (the "April
Trustee's Report"). Pursuant to Rule 202 of Regulation S-T and the Company's
continuing hardship exemption, the Company has manually filed with the
Commission a copy of the April Trustee's Report under cover of Form SE.
Item 7. Financial Statements and Exhibits.
99.1 Monthly Operating Report for the month ended April 30, 2003, filed
pursuant to Rule 202 of Regulation S-T and a continuing hardship
exemption dated May 15, 2003.
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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.
HAUSER, INC.
Dated: June 9, 2003 By: /s/ Kenneth C. Cleveland
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Name: Kenneth C. Cleveland
Title: President and Chief Executive
Officer
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Exhibit Index
Exhibit No. Description
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99.1 Monthly Operating Report for the month ended April 30, 2003,
filed pursuant to Rule 202 of Regulation S-T and a continuing
hardship exemption dated May 15, 2003.