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): October 24, 2007
iMergent, Inc.
(Exact Name of Registrant as Specified in Its Charter)
Delaware
(State or Other Jurisdiction of Incorporation)
001-32277 87-0591719
(Commission File Number) (IRS Employer Identification No.)
754 East Technology Avenue
Orem, Utah 84097
(Address of Principal Executive Offices) (Zip Code)
(801) 227-0004
(Registrant's Telephone Number, Including Area Code)
N/A
(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:
|_| Written communications pursuant to Rule 425 under the Securities Act
(17 CFR 230.425)
|_| Soliciting material pursuant to Rule 14a-12 under the Exchange Act
(17 CFR 240.14a-12)
|_| Pre-commencement communications pursuant to Rule 14d-2(b) under the
Exchange Act (17 CFR 240.14d-2(b))
|_| 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 October 24, 2007, iMergent, Inc. ("Company") and the Division of Consumer
Protection of the Department of Commerce of the State of Utah ("Division")
entered into a settlement agreement ("Settlement" ). The Settlement stemmed from
the Division's May 25, 2007 Order of Adjudication ("Order") in DCP Case No.
55272 which found that the Company sells an assisted marketing plan ("Business
Opportunity") .
In the Settlement, the Division agreed to withdraw the petition which claimed
the Company was required to register as a Business Opportunity and vacate the
Order. The Company agreed to withdraw its petition with the Department of
Commerce to review the action by the Division. The Settlement requires certain
disclosures on the part of the Company which are intended to clarify its
business practices. The Settlement does not require the Company to register as a
Business Opportunity.
Except for the historical information contained in this report, the statements
made by the Company are forward-looking statements that involve risks and
uncertainties. All such statements are subject to the safe harbor created by the
Private Securities Litigation Reform Act of 1995. iMergent's performance could
differ significantly from the expectations of management and from results
expressed or implied including but not limited to (1) the expectations of the
Company that it is not a seller of Business Opportunities and (2) that the
disclosures agreed to by the Company will clarify its business practices. For
further information on other risk factors, please refer to the "Risk Factors"
contained in the Company's Form 10-K for the year ended June 30, 2007. The
information in Item 8.01 of this report is being furnished, not filed, pursuant
to Form 8-K. Accordingly, the information in this Item will not be incorporated
by reference into any registration statement filed by the Company under the
Securities Act of 1933, as amended, unless specifically identified therein as
being incorporated therein by reference.
Item 9.01 Financial Statements and Exhibits
(d) Exhibits
The following exhibit is furnished with this Current Report on Form 8-K:
Exhibit
Number Description
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99.1 Press release dated October 25, 2007.
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.
IMERGENT, INC.
/s/ Robert Lewis
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By: Robert Lewis, Chief Financial Officer
Date: October 25, 2007