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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
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FORM 8-K
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CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(D) OF THE SECURITIES EXCHANGE ACT OF 1934
July 28, 2003
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Date of report (Date of earliest event reported)
ASSISTED LIVING CONCEPTS, INC.
(exact name of registrant as specified in its charter)
NEVADA 1-13498 93-1148702
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(State or other jurisdiction of Commission File Number (I.R.S. Employer
incorporation or organization) Identification Number)
1349 Empire Central, Suite 900, Dallas, Texas 75247
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(Address of Principal Executive Offices) (Zip Code)
(214) 424-4000
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(Registrant's telephone number, including area code)
Not Applicable
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(Former name or former address, if changed since last report.)
TABLE OF CONTENTS
ITEM 5. OTHER EVENTS AND REGULATION FD DISCLOSURE.....................1
SIGNATURES...................................................................2
EXHIBIT INDEX................................................................3
EXHIBIT 99...................................................................4
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INFORMATION TO BE INCLUDED IN THE REPORT
Item 5. Other Events and Regulation FD Disclosure.
Assisted Living Concepts, Inc. (ASLC) announced today that it received a Notice
from BNY Midwest Trust Company, the Trustee under the Indentures, dated January
1, 2002 (the "Indentures") indicating that the Default referenced in the
Trustee's earlier Notice of Default regarding the annual opinion requirement has
been cured. The Company has delivered to the Trustee the annual opinions stating
that all filings, recordings or other actions that are necessary to maintain the
Liens under the Collateral Documents (as defined in the Indenture) have been
done, or that no such action is required.
The Indentures pertain to the 10% Senior Secured Notes due 2009 (the "Senior
Notes") and the Junior Secured Notes due 2012 (the "Junior Notes"). The Company
has been informed that the Trustee will also be notifying the Note Holders of
the Senior Notes and Junior Notes that the Default has been cured.
The Company has issued a press release relating to these events, a copy of which
is attached hereto as Exhibit 99.
Certain statements contained in this press release and statements made by or on
behalf of Assisted Living Concepts, Inc. relating hereto, including, without
limitation, statements containing the words "will," "believes," "expects,"
"estimates," "should," and words of similar import may be deemed to constitute
forward-looking statements made pursuant to the safe harbor provisions of the
Private Securities Litigation Reform Act of 1995. These forward-looking
statements may be affected by risks and uncertainties and other risks and
uncertainties contained in the Company's filings with the Securities and
Exchange Commission. The Company does not undertake any obligation to publicly
release any revisions to any forward-looking statements contained herein to
reflect events and circumstances occurring after the date hereof or to reflect
the occurrence of unanticipated events.
EXHIBIT NO.DOCUMENT DESCRIPTION
99 Press Release of Assisted Living Concepts, Inc., dated July 28, 2003.
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.
ASSISTED LIVING CONCEPTS, INC.
By: /s/ Matthew G. Patrick
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Name: Matthew G. Patrick
Title: Senior Vice President,
Chief Financial Officer,
Secretary and Treasurer
Date: July 28, 2003
EXHIBIT INDEX
EXHIBIT NO. DOCUMENT DESCRIPTION
99 Press Release of Assisted Living Concepts, Inc. dated July 28, 2003