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): February 8,
2010
D.R. Horton, Inc.
(Exact name of registrant as
specified in its charter)
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Delaware
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1-14122
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75-2386963
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(State or other jurisdiction
of
incorporation or organization)
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Commission
File Number
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(IRS Employer
Identification No.)
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301 Commerce Street, Suite 500, Fort Worth,
Texas
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76102
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(Address of principal executive
offices)
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(Zip Code)
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(817) 390-8200
(Registrant’s telephone
number, including area code)
Not Applicable
(Former name, former address and
former fiscal year, 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 (see General Instruction A.2. below):
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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))
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D.R. Horton, Inc. is filing this Current Report on
Form 8-K
to reflect an accounting change described below with respect to
the financial information contained in our Annual Report on
Form 10-K
for the year ended September 30, 2009 (the “2009
Form 10-K”),
which was filed with the United States Securities and Exchange
Commission (“SEC”) on November 20, 2009. This
Form 8-K
will permit us to incorporate these financial statements by
reference, or otherwise, in future SEC filings. The information
in this
Form 8-K
is not an amendment to or restatement of the 2009
Form 10-K.
Effective October 1, 2009, we adopted Accounting Standards
Codification “ASC” 470 20
65-1. This
authoritative guidance for accounting for debt with conversion
options specifies that issuers of such instruments should
separately account for the liability and equity components in a
manner that will reflect the entity’s nonconvertible debt
borrowing rate as of the date of issuance when interest cost is
recognized in subsequent periods. This authoritative guidance
applies to our 2.0% convertible senior notes issued in May 2009
and due in 2014. ASC 470 20
65-1
requires retrospective application and early adoption was not
permitted. The retrospective adoption of this authoritative
guidance affects our financial information for the year ended
September 30, 2009, as reflected in Exhibit 99.1 to
this Current Report.
The following Items of the 2009
Form 10-K
are being adjusted retrospectively to reflect the adoption of
the accounting pronouncement described above:
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Part I, Item 1A — Risk Factors
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Part II, Item 6 — Selected Financial Data
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Part II, Item 7 — Management’s
Discussion and Analysis of Financial Condition and Results of
Operations
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Part II, Item 7A — Quantitative and
Qualitative Disclosures about Market Risk
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Part II, Item 8 — Financial Statements and
Supplementary Data
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Part IV, Item 15 —
Exhibit 12.1 — Computation of Ratio of Earnings
to Fixed Charges
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No Items of the 2009
Form 10-K
other than those identified above are being revised by this
filing. Information in the 2009
Form 10-K
is generally stated as of September 30, 2009 and this
filing does not reflect any subsequent information or events
other than the adoption of the accounting pronouncement
described above. Without limitation of the foregoing, this
filing does not purport to update Management’s Discussion
and Analysis of Financial Condition and Results of Operations
contained in the 2009
Form 10-K
for any information, uncertainties, transactions, risks, events
or trends occurring, or known to management. More current
information is contained in our Quarterly Report on
Form 10-Q
for the quarterly period ended December 31, 2009 (the
“December 2009
Form 10-Q”)
and other filings with the SEC. This Current Report on
Form 8-K
should be read in conjunction with the 2009
Form 10-K
and the December 2009
Form 10-Q
and other filings. The December 2009
Form 10-Q
and other filings subsequent to November 20, 2009, contain
information regarding events, developments and updates to
certain expectations that have occurred since the filing of the
2009
Form 10-K.
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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.
D. R. Horton, Inc.
Bill W. Wheat
Executive Vice President and
Chief Financial Officer
Date: February 8, 2010
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