-----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, GjeGOjgk4MWvb7RzmLxMxJmZoiaN0grGVL6XBJWQ8EOnIOK4raA9DoURHeSRDOqc V6yQEhQo2Dr2ILJblXiSNg== 0001021408-02-015237.txt : 20021217 0001021408-02-015237.hdr.sgml : 20021217 20021217152928 ACCESSION NUMBER: 0001021408-02-015237 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 3 CONFORMED PERIOD OF REPORT: 20021210 ITEM INFORMATION: Bankruptcy or receivership ITEM INFORMATION: Financial statements and exhibits FILED AS OF DATE: 20021217 FILER: COMPANY DATA: COMPANY CONFORMED NAME: ADVANCED GLASSFIBER YARNS LLC CENTRAL INDEX KEY: 0001078420 STANDARD INDUSTRIAL CLASSIFICATION: GLASS, GLASSWARE, PRESSED OR BLOWN [3220] IRS NUMBER: 582407014 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 333-72305 FILM NUMBER: 02860183 BUSINESS ADDRESS: STREET 1: 2556 WAGENER ROAD CITY: AIKEN STATE: SC ZIP: 29801 BUSINESS PHONE: 8036488351 MAIL ADDRESS: STREET 1: 2556 WAGENER ROAD CITY: AIKEN STATE: SC ZIP: 29801 8-K 1 d8k.htm AGY CAPITAL CORP AGY Capital Corp
 

 
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 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): December 10, 2002
 
Commission File No. 333-72305
 

 
Advanced Glassfiber Yarns LLC
(Exact Name of Registrant as Specified in Charter)
 
Delaware
 
333-72305
 
58-2407014
(State or Other Jurisdiction
 
(Commission
 
(IRS Employer
of Incorporation)
 
File Number)
 
Identification No.)
 

 
AGY Capital Corp.
(Exact Name of Registrant as Specified in Charter)
 
Delaware
  
333-72305-01
 
57-1072917
(State or Other Jurisdiction
  
(Commission
 
(IRS Employer
of Incorporation)
  
File Number)
 
Identification No.)
 
2558 Wagener Road,
Aiken, South Carolina 29801
(Address of principal executive offices) (Zip Code)
 
Registrant’s telephone number, including area code: (803) 643-1501
 


 
Item 3. Bankruptcy or Receivership.
 
On December 10, 2002, the Company and its wholly owned subsidiary, AGY Capital Corp., filed voluntary petitions for reorganization under Chapter 11 of the U.S. Bankruptcy Code in the U.S Bankruptcy Court for the District of Delaware. The Company remains in possession of its assets and properties and the Company’s business and affairs will continue to be managed by the Company’s directors and officers, subject in each case to the supervision of the bankruptcy court.
 
The Company has received a commitment for up to $15,000,000 of debtor-in-possession financing from Wachovia Bank National Association.
 
On December 11 and December 12, 2002, the Company issued press releases relating to the foregoing. A copy of each release is attached hereto as a separate exhibit and each exhibit is incorporated in its entirety herein by reference.
 
 
Item 7(c). Exhibits.
 
99.3
 
Press Release dated December 11, 2002, announcing the Company’s voluntary filing for reorganization and receipt of a commitment for debtor-in-possession financing.
 
99.4
 
Press Release dated December 12, 2002, announcing the Company’s approved first-day orders in connection with its reorganization and interim borrowings.

2


 
SIGNATURES
 
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.
 
Dated: December 17, 2002
 
ADVANCED GLASSFIBER YARNS LLC
By:
 
/s/ CATHERINE CUISSON        

   
Catherine Cuisson
   
Vice President and Chief Financial Officer
   
(Principal Accounting Officer)

3


 
SIGNATURES
 
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.
 
Dated: December 17, 2002
 
AGY CAPITAL CORP.
By:
 
/s/ CATHERINE CUISSON

   
Catherine Cuisson
Vice President and Chief Financial Officer
(Principal Accounting Officer)

4
EX-99.3 3 dex993.htm PRESS RELEASE Press Release
 
 
Exhibit 99.3
 
ADVANCED GLASSFIBER YARNS LLC
 
AGY Files for Reorganization; Receives Commitment for $15 Million in DIP Financing
 
Daily Operations Continue Worldwide
 
Aiken, South Carolina, December 11, 2002/PRNewswire — Advanced Glassfiber Yarns LLC (AGY), one of the largest global suppliers of glassfiber yarns used in a variety of electronic, industrial, construction and specialty applications, announced that it and its wholly-owned subsidiary AGY Capital Corp. filed voluntary petitions for reorganization under Chapter 11 of the U. S. Bankruptcy Code late last evening. The Company’s international operations are excluded from the filing. The Company also announced that it has received a commitment for up to $15 million of debtor-in-possession (DIP) financing, subject to court approval, from Wachovia Bank National Association, which will be used to fund ongoing working capital needs, employee obligations, and other expenses.
 
The Company, which previously announced that it was in restructuring discussions with its senior secured lenders regarding approximately $180 million of indebtedness under a term loan and revolving credit facility, as well as certain holders of the Company’s $150 million of 97/8% senior subordinated notes, intends to utilize the protections and benefits of the Chapter 11 process to continue such restructuring discussions and further implement its restructuring plan. Chief Restructuring Officer Marc Pfefferle said, “This filing represents a further step in the Company’s restructuring efforts.”
 
Mr. Pfefferle emphasized that during the Chapter 11 process, the Company’s commitment to fulfill its obligations to its customers remains strong. “Daily operations of our facilities will continue as usual, and our employees will continue to be paid and receive benefits without interruption. The options afforded through the Chapter 11 process, coupled with access to DIP financing, will enable the Company to pursue and implement its restructuring plan in an efficient manner, and will help ensure that the Company is positioned to fulfill ongoing obligations to its


 
 
employees, customers and vendors throughout the world. This restructuring process will not alter our commitment to provide the highest quality yarns and services to our customers,” Pfefferle said.
 
The Company’s reorganization case was filed in the U.S. Bankruptcy Court for the District of Delaware in Wilmington. Information regarding this case can be obtained by dialing a toll free hotline at 866-262-9949. The Company will also be establishing an information link on its website, www.agy.com in the near future.
 
Certain matters discussed in this press release are forward-looking statements within the meaning of the federal securities laws. These statements are distinguished by use of the words “will,” “expect,” “intends” and words of similar meaning. Although the Company believes that the expectations reflected in such forward-looking statements are based upon reasonable assumptions, it can give no assurance that its expectations will be achieved. Factors that could cause actual results to differ materially from the Company’s current expectations include general economic conditions, conditions in the market for electronics products, changes in the cost of materials and labor used in manufacturing, and the other risks detailed in the Company’s periodic reports and registration statements filed from time to time with the SEC.
 
EX-99.4 4 dex994.htm PRESS RELEASE Press Release
 
Exhibit 99.4
 
ADVANCED GLASSFIBER YARNS LLC
 
AGY Receives Approval of First-Day Orders in Connection with Reorganization
 
Interim Borrowings Approved Under DIP Financing Commitment
 
Aiken, South Carolina, December 12, 2002/PRNewswire — Advanced Glassfiber Yarns LLC (AGY), one of the largest global suppliers of glassfiber yarns used in a variety of electronic, industrial, construction and specialty applications, announced today that it has received Bankruptcy Court approval for various of its initial motions designed to maintain the efficiency of day to day business operations while the company is reorganizing under Chapter 11 of the U.S. Bankruptcy Code. As previously announced, and as a further step in the Company’s restructuring efforts, AGY filed a voluntary petition for reorganization under Chapter 11 of the U.S. Bankruptcy Code on December 10, 2002.
 
At the hearing, the Court also approved interim borrowings under the Company’s previously announced debtor-in-possession (DIP) financing commitment from Wachovia Bank National Association, which will be used to fund ongoing working capital needs, employee obligations and other expenses during the reorganization.
 
AGY filed its voluntary petition in the U.S. Bankruptcy Court for the District of Delaware in Wilmington. The Company’s next interim hearing date has been set for January 6, 2003.
 
Certain matters discussed in this press release are forward-looking statements within the meaning of the federal securities laws. These statements are distinguished by use of the words “will,” “expect,” “intends” and words of similar meaning. Although the Company believes that the expectations reflected in such forward-looking statements are based upon reasonable


 
assumptions, it can give no assurance that its expectations will be achieved. Factors that could cause actual results to differ materially from the Company’s current expectations include general economic conditions, conditions in the market for electronics products, changes in the cost of materials and labor used in manufacturing, and the other risks detailed in the Company’s periodic reports and registration statements filed from time to time with the SEC.
 
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