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): November 24, 2004
FN ESTATE, INC.
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(Exact name of registrant as specified in its charter)
PENNSYLVANIA 0-29255 23-2767197
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(State or other (Commission (IRS Employer
jurisdiction of File Number) Identification No.)
incorporation)
TWO COURTNEY PLACE, SUITE 130, 3864 COURTNEY STREET, BETHLEHEM, PA 18017
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(Address of principal executive offices) (Zip Code)
REGISTRANT'S TELEPHONE NUMBER, INCLUDING AREA CODE: (610) 266-6700
FASTNET CORPORATION
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(Former name or former address, if changed since last report)
ITEM 8.01. OTHER EVENTS AND REQUIRED FD DISCLOSURE
As previously disclosed, on June 10, 2003, FN Estate, Inc. (f/k/a Fastnet
Corporation) (the "Company") and on June 13, 2003, each of its subsidiaries
(excluding the Company's wholly-owned subsidiary "DASLIC", a Delaware Holding
Company) (Fastnet and such subsidiaries are sometimes referred to herein as the
"Debtors") filed respective voluntary petitions for relief under Chapter 11 of
the United States Bankruptcy Code in Jointly Administered Case No. 03-23143 in
the United States Bankruptcy Court for the Eastern District of Pennsylvania (the
"Bankruptcy Court").
Also, as reported in the Company's Current Reports on Form 8-K previously filed
with the United States Securities and Exchange Commission, the Debtors have sold
substantially all of their assets as a result of several transactions completed
pursuant to the provisions of the United States Bankruptcy Code on and between
December 15, 2003 and May 4, 2004.
Pursuant to the procedure prescribed in Staff Legal Bulletin No. 2, on November
14, 2003, the Company sought a no-action position from the Staff of the
Securities and Exchange Commission that would permit the Company to file, under
cover of a Current Report on Form 8-K, its periodic financial reports filed with
the Bankruptcy Court, in lieu of its annual and quarterly reports under the
Securities Exchange Act of 1934. To date, the Staff has not officially granted
the request. Nonetheless, in conformity with its requests and the provisions of
Staff Legal Bulletin No. 2, the Company files herewith as Exhibits, 99.1, 99.2
and 99.3 its monthly operating reports for the periods commencing July 1, 2004
and ended July 31, 2004, commencing August 1, 2004 and ended August 31, 2004,
and commencing September 1, 2004 and ended September 30, 2004 (collectively, the
"Monthly Operating Reports"), which were filed with the Bankruptcy Court on
November 24, 2004.
THE COMPANY CAUTIONS READERS NOT TO PLACE UNDUE RELIANCE UPON THE INFORMATION
CONTAINED IN THE MONTHLY OPERATING REPORTS. THE MONTHLY OPERATING REPORTS
CONTAIN FINANCIAL STATEMENTS AND OTHER FINANCIAL INFORMATION THAT HAVE NOT BEEN
AUDITED OR REVIEWED BY INDEPENDENT ACCOUNTANTS, ARE NOT PRESENTED IN ACCORDANCE
WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES, AND MAY BE SUBJECT TO FUTURE
RECONCILIATION AND ADJUSTMENTS. THE MONTHLY OPERATING REPORTS ARE LIMITED IN
SCOPE, COVER LIMITED TIME PERIODS, AND ARE IN A FORMAT PRESCRIBED BY THE
APPLICABLE BANKRUPTCY LAWS. THERE CAN BE NO ASSURANCE THAT THE OPERATING REPORTS
ARE COMPLETE.
ITEM 9.01. FINANCIAL STATEMENTS, PRO FORMA FINANCIAL INFORMATION AND EXHIBITS
(c) Exhibits
Exhibit No. Description of Document
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99.1 Monthly Operating Report for the Period July 1, 2004
to July 31, 2004.
99.2 Monthly Operating Report for the Period August 1,
2004 to August 31, 2004.
99.3 Monthly Operating Report for the Period September 1,
2004 to September 30, 2004.
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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 thereunto duly authorized.
FN ESTATE, INC.
By: /s/ R. Barry Borden
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R. Barry Borden
Chief Executive Officer
Dated: November 24, 2004
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EXHIBIT INDEX
Exhibit
Number Document Description
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99.1 Monthly Operating Report for the Period July 1, 2004 to July 31, 2004.
99.2 Monthly Operating Report for the Period August 1, 2004 to August 31,
2004.
99.3 Monthly Operating Report for the Period September 1, 2004 to September
30, 2004.