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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): August 18, 2010 (August 16, 2010)
Cardtronics, Inc.
(Exact name of registrant as specified in its charter)
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Delaware |
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001-33864 |
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76-0681190 |
(State or other jurisdiction of
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(Commission File Number)
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(IRS Employer Identification |
incorporation)
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No.) |
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3250 Briarpark, Suite 400, Houston, Texas
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77042 |
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(Address of principal executive offices)
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(Zip Code) |
Registrants telephone number, including area code: (832) 308-4000
(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:
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Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
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Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
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Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b)) |
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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 August 16, 2010, a lawsuit was filed in the United States District Court for the District
of Delaware entitled Automated Transactions LLC v. IYG Holding
Co., et al., but as of the filing of this Current Report we have not been served. The lawsuit names our wholly-owned subsidiary, Cardtronics USA, Inc.,
as one of the defendants. The lawsuit alleges that we and the other defendants have infringed on
certain of the plaintiffs patents by providing retail transactions to consumers through our
automated teller machines. The allegations raised by the plaintiff in this suit appear to be
similar to the allegations made in a suit filed in 2006. Our supplier in that case agreed to
indemnify us against the plaintiffs claims.
The plaintiff is seeking a permanent injunction, damages, treble damages and costs, including
attorneys fees and expenses. We believe that we have meritorious defenses to the plaintiffs
claims and we further believe that we are entitled to indemnification from our suppliers under
statutory law. While we intend to defend the lawsuit vigorously, we cannot currently predict the
outcome of this lawsuit, nor can we predict the amount of time and expense that will be required to
resolve the lawsuit. An unfavorable resolution of this litigation could adversely impact our
financial position and results of operation.
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.
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CARDTRONICS, INC.
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By: |
/s/ J. Chris Brewster
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J. Chris Brewster, |
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Chief Financial Officer |
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Dated: August 18, 2010