Cosi, Inc. (NASDAQ:COSIQ) Files An 8-K Regulation FD Disclosure

Cosi, Inc. (NASDAQ:COSIQ) Files An 8-K Regulation FD Disclosure

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ITEM 7.01.

Regulation FD Disclosure
On December 15, 2016, Cosi, Inc., a Delaware corporation (the
Company, for itself (on a consolidated basis), and for
each of Cosi Sandwich Bar, Inc., a Delaware corporation
(CSB), Xando Cosi Maryland, Inc., a Maryland corporation
(Xando Maryland), Hearthstone Associates, LLC, a
Massachusetts limited liability company (Associates), and
Hearthstone Partners, LLC, a Massachusetts limited liability
company (Partners, together with CSB, Xando Maryland, and
Associates, each a Cosi Sub and collectively, the Cosi
Subs
), filed a monthly operating report for the period from
October 25, 2016, to November 28, 2016 (the Monthly Operating
Report
) with the United States Bankruptcy Court for the
District of Massachusetts (Eastern Division) (the Court).
The Court has had jurisdiction over the Company and the Cosi Subs
under Chapter 11 of the United States Bankruptcy Code since they
filed voluntary Chapter 11 petitions on September 28, 2016 (Case
No. 16-13704 (MSH)) (the Chapter 11 Cases). Copies of the Monthly
Operating Reports are attached as Exhibits 99.1 to 99.5 to this
report.
The information in this Item 7.01 of this Current Report on Form
8-K is being furnished to Item 7.01 of Form 8-K and shall not be
deemed filed for purposes of Section 18 of the Securities
Exchange Act of 1934, as amended (the Exchange Act), or otherwise
subject to the liabilities of that section. The information in
Item 7.01 of this Form 8-K shall not be incorporated, or deemed
incorporated, by reference into any of the Companys filings under
the Securities Act of 1933, as amended, or the Exchange Act,
whether made before or after the date hereof and regardless of
any general incorporation language in such filings, except to the
extent expressly set forth by specific reference in such a
filing. The filing of this Item 7.01 of this Current Report on
Form 8-K shall not be deemed an admission as to the materiality
of any information herein that is required to be disclosed solely
by reason of Regulation FD.
Cautionary Statement Regarding Financial Operating Data
The Company cautions investors and potential investors not to
place undue reliance upon the information contained in the
Monthly Operating Reports, which were not prepared for the
purpose of providing the basis for an investment decision
relating to any of the Companys or securities, and relates solely
to the Company and the Cosi Subs (collectively the Debtors). The
Monthly Operating Reports are limited in scope, cover a limited
time period, and have been prepared solely for the purpose of
complying with the monthly reporting requirements of the Office
of the United States Trustee. The Monthly Operating Reports were
not audited or reviewed by independent accountants, are in a
format prescribed by applicable requirements of the Office of the
United States Trustee and are subject to future adjustment and
reconciliation. There can be no assurance that, from the
perspective of an investor or potential investor in the Companys
securities, the Monthly Operating Reports contain any information
beyond that required by the Office of the United States Trustee.
The Monthly Operating Reports also contain information for
periods that are shorter or otherwise different from those
required in the Companys reports to the Exchange Act, and such
information might not be indicative of the Companys financial
condition or operating results that would be reflected in the
Companys financial statements that may be expected from any other
period or that may be expected if restructuring transactions are
consummated. Results set forth in the Monthly Operating Reports
should not be viewed as indicative of future results.
Additional information on the Chapter 11 Cases, including access
to documents filed with the Bankruptcy Court and other general
information about the Chapter 11 Cases and the 363 sale process,
is available at a subscription based service known as PACER at
https://pacer.mab.uscourts.gov/cgi-bin/login.pl.
ITEM 9.01.
Financial Statements and Exhibits
(d) Exhibits. The following exhibits are being furnished
herewith.
Exhibit No.
Description
Paper (P) or
Electronic (E)
99.1
Cosi, Inc. Consolidated Monthly Operating Report for the
Period from October 25, 2016, to November 28, 2016.
E
99.2
Cosi Sandwich Bar, Inc. Monthly Operating Report for the
Period from October 25, 2016, to November 28, 2016.
E
99.3
Xando Cosi Maryland, Inc. Monthly Operating Report for the
Period from October 25, 2016, to November 28, 2016.
E
99.4
Hearthstone Associates, LLC Monthly Operating Report for
the Period from October 25, 2016, to November 28, 2016.
E
99.5
Hearthstone Partners, LLC Monthly Operating Report for the
Period from October 25, 2016, to November 28, 2016.
E


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