High Speed Access Corp. Announces Intent Not to Make Any Further Distributions Until December 2005, to Deregister its Securities
November 14 2003 - 5:13PM
PR Newswire (US)
High Speed Access Corp. Announces Intent Not to Make Any Further
Distributions Until December 2005, to Deregister its Securities,
Close its Stock Transfer Books and Transfer to a Liquidating Trust
at Year-End 2003 LOUISVILLE, Ky., Nov. 14 /PRNewswire-FirstCall/ --
High Speed Access Corp. "HSA" (BULLETIN BOARD: HSAC) announced
today that its Board of Directors has authorized, effective as of
close of business on December 31, 2003, the transfer of the
Company's remaining assets and liabilities to a liquidating trust,
the deregistration of the Company's securities under the Securities
Exchange Act of 1934, closure of the Company's stock transfer books
and cancellation of the Company's shares of common stock in
exchange for beneficial interests in the liquidating trust. In
addition, the Company announces that following the filing of its
quarterly report on Form 10-Q with the Securities Exchange
Commission for the period ended September 30, 2003, the Company
intends to cease the filing of quarterly securities reports on Form
10-Q or proxy solicitations under the Securities Exchange of 1934.
Instead, the Company expects to file only abbreviated reports on
Form 10-K or 8-K regarding any material changes to its net assets
in liquidation and changes in net assets in liquidation or
financial position and cash flows for the relevant period. The
Company also announced that it does not expect, nor does it expect
the liquidating trustee, to make any additional liquidating
distributions until the Company makes a final liquidation payment
on or before December 31, 2005. As of September 30, 2003, the
Company had the following net assets in liquidation: HIGH SPEED
ACCESS CORP. CONDENSED CONSOLIDATED STATEMENTS OF NET ASSETS IN
LIQUIDATION (IN THOUSANDS, EXCEPT SHARE AND PER SHARE AMOUNTS)
(UNAUDITED) SEPTEMBER 30, DECEMBER 31, 2003 2002 ASSETS Cash and
cash equivalents $1,456 $63,640 Short-term investments 416 1,237
Interest receivable 33 392 Charter holdback -- 2,092 Furniture and
fixtures 53 113 Total assets 1,958 67,474 LIABILITIES Accounts
payable and accrued liabilities 273 2,571 Estimated costs to be
incurred during the wind-up period 529 1,089 Total liabilities 802
3,660 Net assets in liquidation 1,156 63,814 Less: Contingency
reserve 1,150 2,000 Net assets available for distribution to
stockholders $6 $61,814 Net assets in liquidation per share $0.03
$1.58 Net assets available for distribution to stockholders per
share $0.00 $1.53 Outstanding shares used in computing per share
amounts 40,294,783 40,294,783 Stockholders are reminded that the
Company's stock cannot be traded publicly once the Company converts
to a liquidating trust. After the Company's stock transfer books
have been closed, the Company's stockholders will own a beneficial
interest in the liquidating trust according to their holdings of
common stock, and certificates representing shares of common stock
will not be assignable or transferable on the Company's books
except by will, intestate succession or operation of law. After the
final record date for the recording of stock transfers, the Company
will not issue any new stock certificates, other than replacement
certificates. Stockholders are urged to consult their tax advisors
with respect to the tax consequences of the Company's liquidating
distributions and the closure of the Company's stock transfer
books. The following summary of certain income tax consequences
differs from the summary contained in the Company's Form 10-Q for
the quarter ended June 30, 2003 with respect to the timing of
recognition of loss for Federal income tax purposes upon the
Company's transfer of assets to the liquidating trust, and is
included for general information only and does not constitute legal
advice to any stockholder. The Company intends to transfer its
remaining assets and liabilities to the liquidating trust so that
stockholders will be treated for tax purposes as having received
their proportionate share of the property at the time it is
transferred to the liquidating trust. In such event, the amount of
the distribution deemed to have been received by a stockholder will
be reduced by their proportionate share of known liabilities
assumed by the liquidating trust or to which the property
transferred is subject. Assuming such treatment is achieved, assets
transferred to the liquidating trust will cause the stockholders to
be treated in the same manner for Federal income tax purposes as if
the stockholders had received a distribution directly from the
Company and they may be subject to tax on their proportionate net
value of such transferred assets even though they will not have
received any actual distributions from the Company or the
liquidating trust with which to pay the tax. In most cases,
stockholders will recognize gain or loss equal to the difference
between (i) the sum of the amount of cash and the fair market value
(at the time of distribution) of any property deemed to have been
distributed to them (net of their proportionate share of
liabilities), and (ii) their tax basis in their shares of the
common stock. A stockholder's tax basis in his or her shares will
depend upon various factors, including the amount paid by the
stockholder for his or her shares and the amount and nature of any
distributions received with respect to those shares. Any gain or
loss recognized by a stockholder will be capital gain or loss
provided the shares are held as capital assets. The liquidating
trust itself should not be subject to tax. After formation of the
liquidating trust, the stockholders will take into account for
Federal income tax purposes their allocable portion of any income,
gain or loss recognized by the liquidating trust. As a result of
the ongoing operations of the liquidating trust, stockholders
should be aware that they may be subject to tax, whether or not
they have received any actual distribution from the liquidating
trust with which to pay the tax. Cautionary Note Regarding
Forward-Looking Statements about HSA: This press release contains
statements about future events and expectations that are
"forward-looking statements." Any statement in this press release
that is not a statement of historical fact is a forward-looking
statement that involves known and unknown risks, uncertainties and
other factors which may cause the company's distributions, actual
results, performance or achievements to be materially different
from any future results, performance or achievements expressed or
implied by such forward-looking statements, including the actions
and timing of actions relating to the plan of liquidation and
dissolution. Specific factors that might cause such a difference
include, but are not limited to: the impact of assessing or
resolving potential or outstanding litigation; the magnitude of any
claims, including any claims in connection with the sale of certain
of our operating assets to Charter Communications in February 2002;
and those risks and uncertainties discussed in filings made by the
Company with the Securities and Exchange Commission. For a detailed
discussion of these and other cautionary statements, please refer
to the Company's filings with the Securities and Exchange
Commission (SEC). The forward-looking statements in this press
release are made as of the date hereof and the Company assumes no
obligation to update them. DATASOURCE: High Speed Access Corp.
CONTACT: George E. Willett, President and CFO of High Speed Access
Corp., +1-502-657-6341
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