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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
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FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934
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Date of Report (Date of earliest event reported):
DECEMBER 29, 2000
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RDO EQUIPMENT CO.
(Exact name of registrant as specified in its charter)
DELAWARE 1-12641 45-0306084
(State or Other of (Commission File Number) (I.R.S. Employer
Incorporation) Identification Number)
2829 SOUTH UNIVERSITY DRIVE 58103
FARGO, NORTH DAKOTA (Zip Code)
(Address of principal executive offices)
(701) 237-7363
(Company's telephone number, including area code)
NOT APPLICABLE.
(Former name or former address, if changed since last report)
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ITEM 5. OTHER EVENTS.
RDO Equipment Co. (the "Company") reports that a press release dated December
29, 2000, a copy of which is filed herewith as Exhibit 99.1, was made
publicly available on December 29, 2000. The press release announced that
effective December 28, 2000, John Deere Construction Equipment revoked its
dealership termination notices to the Company and dismissed all claims
pending in its arbitration venued in Chicago, Illinois with the Company. The
Company also dismissed all claims in the arbitration and all claims in
federal court filed against Credit Suisse First Boston. The Company's wholly
owned subsidiary, RDO Construction Equipment Co., has signed new dealership
agreements with John Deere Construction Equipment Company ("John Deere"). The
new agreements do not contain market performance requirements, and instead
include standard meaningful progress requirements.
In connection with the dismissal of the claims described above, the Company,
RDO Construction Equipment Co., and Ronald D. Offutt have also entered in to
a Release and Covenant Not to Sue Agreement dated December 28, 2000, a copy
of which is filed herewith as Exhibit 10.2, pursuant to which these parties
agreed to release and not to sue John Deere and its related persons
concerning John Deere's determination to cap the Company's aggregate market
potential at 9.9% of the total market potential for John Deere's products in
North America (with such total market potential measured as of the 12-month
period ending January 1997).
ITEM 7. FINANCIAL STATEMENTS AND EXHIBITS.
(a) FINANCIAL STATEMENTS OF BUSINESSES ACQUIRED.
Not Applicable
(b) PRO FORMA FINANCIAL INFORMATION.
Not Applicable
(c) EXHIBITS.
EXHIBIT
NO. DESCRIPTION
10.1 Dealer Agreement dated December 28, 2000 between
John Deere Construction Equipment Company and RDO
Construction Equipment Co. (filed herewith)
10.2 Release and Covenant Not to Sue dated December 28,
2000 by RDO Equipment Co., RDO Construction
Equipment Co., and Ronald D. Offutt and accepted by
John Deere Construction Equipment Company (filed
herewith)
99.1 Press Release dated December 29, 2000 (filed herewith)
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SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934,
the Company has duly caused this Report to be signed on its behalf by the
undersigned hereunto duly authorized.
RDO EQUIPMENT CO.
By: /s/ Thomas K. Espel
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Thomas K. Espel
Chief Financial Officer and Treasurer
Dated: January 4, 2001
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RDO EQUIPMENT CO.
FORM 8-K
INDEX TO EXHIBITS
EXHIBIT
NO. DESCRIPTION
10.1 Dealer Agreement dated December 28, 2000 between John Deere
Construction Equipment Company and RDO Construction Equipment
Co. (filed herewith)
10.2 Release and Covenant Not to Sue dated December 28, 2000 by
RDO Equipment Co., RDO Construction Equipment Co., and Ronald
D. Offutt and accepted by John Deere Construction Equipment
Company (filed herewith)
99.1 Press Release dated December 29, 2000 (filed herewith)
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