-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, SNAi9Bt4HiLjfSxF01ES0TIl09x5iM9k+ulBp7bbp3NhaYr+Ufg4whXQeLsGaYW+ sTMK2zsG4MYbgrGlfDN3DA== 0001104659-03-024671.txt : 20031105 0001104659-03-024671.hdr.sgml : 20031105 20031104195739 ACCESSION NUMBER: 0001104659-03-024671 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20031104 ITEM INFORMATION: Other events FILED AS OF DATE: 20031105 FILER: COMPANY DATA: COMPANY CONFORMED NAME: SEALED AIR CORP/DE CENTRAL INDEX KEY: 0001012100 STANDARD INDUSTRIAL CLASSIFICATION: CONVERTED PAPER & PAPERBOARD PRODS (NO CONTAINERS/BOXES) [2670] IRS NUMBER: 650654331 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-12139 FILM NUMBER: 03977664 BUSINESS ADDRESS: STREET 1: PARK 80 EAST CITY: SADDLE BROOK STATE: NJ ZIP: 07663-5291 BUSINESS PHONE: 2017917600 MAIL ADDRESS: STREET 1: PARK 80 EAST CITY: SADDLE BROOK STATE: NJ ZIP: 07663-5291 FORMER COMPANY: FORMER CONFORMED NAME: WR GRACE & CO/DE DATE OF NAME CHANGE: 19961015 FORMER COMPANY: FORMER CONFORMED NAME: GRACE HOLDING INC DATE OF NAME CHANGE: 19960805 8-K 1 a03-4827_18k.htm 8-K

 

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):  November 4, 2003

 

 

SEALED AIR CORPORATION

(Exact Name of Registrant as Specified in its Charter)

 

 

 

Delaware

 

1-12139

 

65-0654331

(State or Other

 

(Commission File Number)

 

(IRS Employer

Jurisdiction of Incorporation)

 

 

 

Identification No.)

 

 

 

Park 80 East

 

 

Saddle Brook, New Jersey

 

07663-5291

(Address of Principal Executive Offices)

 

(Zip Code)

 

 

 

201-791-7600

(Registrant’s telephone number, including area code)

 

 

 

Not Applicable

(Former Name or Former Address, If Changed Since Last Report)

 

 

Item 5.    Other Events and Regulation FD Disclosure.

 

Sealed Air Corporation (the “Company”) has recently become aware of a lawsuit seeking class action status filed on September 15, 2003, in the U.S. District Court for the District of New Jersey, on behalf of all persons who purchased or otherwise acquired the securities of the Company during the period from March 27, 2000 through July 30, 2002 (the “Class Period”). The lawsuit names the Company and certain current and former officers and directors of the Company as defendants.  The Company has not received service of process in this lawsuit.

The lawsuit makes a number of allegations against the defendants, including allegations that during the Class Period the defendants materially misled the investing public, artificially inflated the price of the Company’s common stock by publicly issuing false and misleading statements and violated Generally Accepted Accounting Principles by failing to accrue for the Company’s contingent liability for asbestos claims arising from past operations of W.R. Grace & Co.  The plaintiffs seek compensatory damages and other relief.

The Company intends to vigorously defend the lawsuit, since the Company believes that it properly disclosed its contingent liability for Grace’s asbestos claims.  Although the Company believes that it should have no liability in this lawsuit, until the Company has had the opportunity to evaluate the claims made in the lawsuit, it cannot estimate the likelihood or potential costs of an unfavorable outcome.

 

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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.

 

 

 

SEALED AIR CORPORATION

 

 

 

 

 

By:

/s/ Mary A. Coventry

 

 

Name:

Mary A. Coventry

 

 

Title:

Vice President

Dated:  November 4, 2003

 

 

 

 

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