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 9, 2002
MOHAWK INDUSTRIES, INC.
(Exact name of registrant as specified in its charter)
| Delaware |
01-19826 |
52-1604305 | ||
| (State or other Jurisdiction of
Incorporation) |
(Commission File Number) |
(IRS Employer Identification No.) |
160 South Industrial Blvd., Calhoun, Georgia 30701
(Address, including zip code, of principal executive offices)
(706) 629-7721
(Registrant’s
telephone number, including area code)
Item 9. Regulation FD Disclosure
On August 9, 2002, each of the Principal Executive Officer, Jeffrey S. Lorberbaum, and Principal Financial Officer, John D. Swift, of
Mohawk Industries, Inc. submitted to the Securities and Exchange Commission sworn statements pursuant to Securities and Exchange Commission Order No. 4-460 and statements pursuant to 18 U.S.C. Section 1350, as adopted pursuant to § 906 of the
Sarbanes-Oxley Act of 2002. A copy of each of these statements is attached hereto as an exhibit.
2
SIGNATURE
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.
| MOHAWK INDUSTRIES, INC. | ||||||||
| Date: August 9, 2002 |
By: |
/s/ Frank H.
Boykin | ||||||
| Frank H. Boykin VP &
Corporate Controller | ||||||||
INDEX TO EXHIBITS
Exhibit
99.1 Statement Under Oath of Principal Executive Officer Regarding Facts and Circumstances
Relating to Exchange Act Filings pursuant to Securities and Exchange Commission Order No. 4-460.
99.2 Statement Under Oath of Principal
Financial Officer Regarding Facts and Circumstances Relating to Exchange Act Filings pursuant to Securities and Exchange Commission Order No. 4-460.
99.3 Statement of Chief Executive Officer of Mohawk Industries, Inc. pursuant to 18 U.S.C. Section 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002.
99.4 Statement of Chief Financial Officer of Mohawk Industries, Inc. pursuant to 18 U.S.C. Section 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002.
Exhibit 99.1
Statement Under Oath of Principal Executive Officer Regarding
Facts and
Circumstances Relating to Exchange Act Filings
I, Jeffrey S. Lorberbaum, state and attest that:
(1) |
To the best of my knowledge, based upon a review of the covered reports of Mohawk Industries, Inc., and, except as corrected or supplemented in a subsequent
covered report: |
· |
no covered report contained an untrue statement of a material fact as of the end of the period covered by such report (or in the case of a report on Form 8-K or
definitive proxy materials, as of the date on which it was filed); and |
· |
no covered report omitted to state a material fact necessary to make the statements in the covered report, in light of the circumstances under which they were
made, not misleading as of the end of the period covered by such report (or in the case of a report on Form 8-K or definitive proxy materials, as of the date on which it was filed). |
(2) |
I have reviewed the contents of this statement with the Company’s audit committee. |
(3) |
In this statement under oath, each of the following, if filed on or before the date of this statement, is a “covered report”:
|
· |
the Annual Report on Form 10-K for the year ended December 31, 2001 of Mohawk Industries, Inc. |
· |
all reports on Form 10-Q, all reports on Form 8-K and all definitive proxy materials of Mohawk Industries, Inc. filed with the Commission subsequent to the
filing of the Form 10-K identified above; and |
· |
any amendments to any of the foregoing. |
/S/ JEFFREY S. LORBERBAUM
Jeffrey S. Lorberbaum
President and Chief
Executive Officer
August 9, 2002
Subscribed and sworn to
before me this 9th day of
August, 2002.
/s/ CHRISTI R. SCARBRO
Christi R. Scarbro
Notary Public
My Commission Expires: 10/6/02
Exhibit 99.2
Statement Under Oath of Principal Financial Officer Regarding
Facts and
Circumstances Relating to Exchange Act Filings
I, John D. Swift, state and attest that:
(1) |
To the best of my knowledge, based upon a review of the covered reports of Mohawk Industries, Inc., and, except as corrected or supplemented in a subsequent
covered report: |
· |
no covered report contained an untrue statement of a material fact as of the end of the period covered by such report (or in the case of a report on Form 8-K or
definitive proxy materials, as of the date on which it was filed); and |
· |
no covered report omitted to state a material fact necessary to make the statements in the covered report, in light of the circumstances under which they were
made, not misleading as of the end of the period covered by such report (or in the case of a report on Form 8-K or definitive proxy materials, as of the date on which it was filed). |
(2) |
I have reviewed the contents of this statement with the Company’s audit committee. |
(3) |
In this statement under oath, each of the following, if filed on or before the date of this statement, is a “covered report”:
|
· |
the Annual Report on Form 10-K for the year ended December 31, 2001 of Mohawk Industries, Inc. |
· |
all reports on Form 10-Q, all reports on Form 8-K and all definitive proxy materials of Mohawk Industries, Inc. filed with the Commission subsequent to the
filing of the Form 10-K identified above; and |
· |
any amendments to any of the foregoing. |
/S/ JOHN D. SWIFT
John D. Swift
Chief Financial Officer
August 9, 2002
Subscribed and sworn to
before me this 9th day of
August, 2002.
/s/ CHRISTI R. SCARBRO
Christi R. Scarbro
Notary Public
My Commission Expires: 10/6/02
Exhibit 99.3
STATEMENT OF CHIEF EXECUTIVE OFFICER OF
MOHAWK INDUSTRIES, INC.
PURSUANT TO 18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
§ 906 OF THE SARBANES-OXLEY ACT OF 2002
In connection with the Quarterly Report of Mohawk Industries, Inc. (the “Company”) on Form 10-Q for the period ended June 29, 2002 as filed with the Securities and Exchange Commission on the date hereof (the
“Report”), I, Jeffrey S. Lorberbaum, President and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:
1) |
The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and |
2) |
The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
|
/s/ JEFFREY S. LORBERBAUM
Jeffrey S. Lorberbaum
President and Chief Executive Officer
August 9, 2002
Exhibit 99.4
STATEMENT OF CHIEF FINANCIAL OFFICER OF
MOHAWK INDUSTRIES, INC.
PURSUANT TO 18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
§ 906 OF THE SARBANES-OXLEY ACT OF 2002
In connection with the Quarterly Report of Mohawk Industries, Inc. (the “Company”) on Form 10-Q for the period ended June 29, 2002 as filed with the Securities and Exchange Commission on the date hereof (the
“Report”), I, John D. Swift, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:
1) |
The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and |
2) |
The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
|
/s/ JOHN D. SWIFT
John D. Swift
Chief Financial Officer
August 9, 2002