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): March 23, 2015
Exide Technologies
(Exact name of registrant as specified in its charter)
| Delaware | 1-11263 | 23-0552730 | ||
| (State or other jurisdiction of incorporation) |
(Commission File Number) |
(I.R.S. Employer Identification No.) |
13000 Deerfield Parkway, Building 200,
Milton, Georgia 30004
(Address of Principal Executive Offices) (Zip Code)
Registrant’s telephone number, including area code: (678) 566-9000
Not Applicable
(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 (see General Instruction A.2. below):
| ¨ | 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 7.01 | Regulation FD Disclosure. |
Exide Technologies (the “Company”) presented to various lenders under its super priority debtor-in-possession credit facility (“DIP Credit Facility”) a summary of its request for the twelfth amendment to the DIP Credit Facility. A summary of the amendment request is attached to this report as Exhibit 99.1 and is incorporated herein by reference.
The information in Item 7.01 of this report is being furnished, not filed, pursuant to Regulation FD. Accordingly, the information in Item 7.01 of this report 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. The furnishing of the information in this report is not intended to, and does not, constitute a determination or admission by the Company that the information in this report is material or complete, or that investors should consider this information before making an investment decision with respect to any security of the Company or any of its affiliates.
Safe Harbor for Forward Looking Statements
Some of the statements in Exhibit 99.1 contain “forward-looking statements” as defined in the U.S. Private Securities Litigation Reform Act of 1995. All statements that address activities, events or developments that we intend, expect, plan, project, believe or anticipate will or may occur in the future are forward-looking statements. By their nature, forward-looking statements involve risks and uncertainties because they relate to events and depend on circumstances that may or may not occur in the future. The Company undertakes no obligation to update or revise any forward-looking statements.
Examples of forward-looking statements include, but are not limited to, statements of plans and objectives of the Company or its management or Board of Directors. Factors that could cause actual results to differ materially from these forward looking statements include, but are not limited to, general factors such as: (i) the ability of the Company to confirm and consummate the Chapter 11 plan of reorganization or obtain additional financing, and (ii) the risk factors or uncertainties listed from time to time in the Company’s filings with the Securities and Exchange Commission (including, without limitation, those risk factors described in the Company’s fiscal 2014 Form 10-K for the fiscal year ended March 31, 2014) and with the U.S. Bankruptcy Court in connection with the Company’s Chapter 11 filing.
| Item 9.01 | Financial Statements and Exhibits. |
(d) Exhibits.
| 99.1 | Summary of DIP Credit Facility Amendment Request |
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.
| EXIDE TECHNOLOGIES | ||
| By: | /s/ Phillip A. Damaska | |
| Name: | Phillip A. Damaska | |
| Title: | Executive Vice President & Chief Financial Officer | |
Date: March 23, 2015
EXHIBIT INDEX
| Number |
Description | |
| 99.1 | Summary of DIP Credit Facility Amendment Request | |