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 10, 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 Offices) (Zip Code)
(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 9, 2007, The Federal Court of Australia New South Wales District
Registry (the "Court") set a hearing on a request for an injunction by the
Australian Competition and Consumer Commission (ACCC). The ACCC is seeking a
temporary injunction barring iMergent, Inc. (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 ACCC has alleged that the Company failed to comply with the terms of a
previous order by: (i) failing to have notified the ACCC of seminars which were
being held in Australia, (ii) failing to provide copies of tapes of seminars to
the ACCC which were requested, (iii) failing to notify purchasers of the
three-day cooling off period (right to rescind) and (iv) failing to provide
certain disclosures. The Company did not notify the ACCC, in a timely manner, of
seminars which were previously held due to the failure of a former employee of
the Company. Additionally, the Company was not able to provide one of several
tapes requested by the ACCC. The Company denies that it has failed to notify
customers of the cooling off period or to provide the specified disclosures.
The Company is reviewing the terms of the ACCC's requested permanent injunction.
The Company believes that it should be able to agree to most of the terms in the
ACCC's requested permanent injunction. The Company has six (6) workshops
scheduled in Australia during the week of October 21, 2007, which, at this time,
the Company believes it will be able to conduct.
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. iMergent's future performance
could differ significantly from the expectations of management and from results
expressed or implied including but not limited to (1) the Company's belief that
it did not fail to notify customers of the cooling off period or to provide the
specified disclosures, (2) the expectation of iMergent, Inc. that it should be
able to agree to most of the terms in the ACCC's requested permanent injunction,
and (3) that iMergent, Inc. will be able to hold the six seminars scheduled in
Australia the week of October 21, 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 10, 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 10, 2007