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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 26, 2003

 
HearUSA, Inc.
(Exact Name of Registrant as Specified in Charter)
         
Delaware   0-16453   22-2748248
 
 
(State or Other   (Commission   (I.R.S. Employer
Jurisdiction of   File Number)   Identification Number)
Incorporation)        
     
1250 Northpoint Parkway    
West Palm Beach, Florida   33407
 
(Address of Principal Executive Offices)   (Zip Code)
     
Registrant’s telephone number, including area code:   (561) 478-8770
   

 

 

Item 5. Other Events.

On August 26, 2003, HearUSA, Inc. (the “Company”) completed a transaction involving an exchange of its outstanding 1998 Convertible Preferred Stock for its newly designated 1998-E Series Convertible Preferred Stock. The Company issued a press release, attached hereto as Exhibit 99.1 and incorporated herein, publicly announcing the transaction.

Item 7. Financial Statements, Pro Forma Financial Information and Exhibits.

     (c)  Exhibits

     
Exhibit No.   Description of Exhibit
 
4.1   Certificate of Designations, Preferences and Rights of 1998-E Series Convertible Preferred Stock of HearUSA, Inc.
     
10.1   Exchange Agreement by and between HearUSA, Inc., Zanett Lombardier Master Fund, LLC and The San Miguel Trust dated as of August 26, 2003.
     
99.1   Press release issued August 27, 2003.

 

 

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.

         
    HEARUSA, INC.
(Registrant)
         
Date: August 28, 2003   By:   /s/ Stephen J. Hansbrough
       
        Name: Stephen J. Hansbrough
Title: Chief Executive Officer

 

 

EXHIBIT INDEX

     
Exhibit No.   Description of Exhibit
 
4.1   Certificate of Designations, Preferences and Rights of 1998 — E Series Convertible Preferred Stock of HearUSA, Inc.
     
10.1   Exchange Agreement by and between HearUSA, Inc., Zanett Lombardier Master Fund, LLC and The San Miguel Trust dated as of August 26, 2003.
     
99.1   Press release issued August 27, 2003.