0001104659-18-053124.txt : 20180822 0001104659-18-053124.hdr.sgml : 20180822 20180822073029 ACCESSION NUMBER: 0001104659-18-053124 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20180822 ITEM INFORMATION: Other Events FILED AS OF DATE: 20180822 DATE AS OF CHANGE: 20180822 FILER: COMPANY DATA: COMPANY CONFORMED NAME: GenOn Energy, Inc. CENTRAL INDEX KEY: 0001126294 STANDARD INDUSTRIAL CLASSIFICATION: ELECTRIC SERVICES [4911] IRS NUMBER: 760655566 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-16455 FILM NUMBER: 181031413 BUSINESS ADDRESS: STREET 1: 804 CARNEGIE CENTER CITY: PRINCETON STATE: NJ ZIP: 08540 BUSINESS PHONE: (609) 524-4500 MAIL ADDRESS: STREET 1: 804 CARNEGIE CENTER CITY: PRINCETON STATE: NJ ZIP: 08540 FORMER COMPANY: FORMER CONFORMED NAME: RRI ENERGY INC DATE OF NAME CHANGE: 20090501 FORMER COMPANY: FORMER CONFORMED NAME: RELIANT ENERGY INC DATE OF NAME CHANGE: 20040423 FORMER COMPANY: FORMER CONFORMED NAME: RELIANT RESOURCES INC DATE OF NAME CHANGE: 20001013 8-K 1 a18-19106_38k.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): August 22, 2018

 

GenOn Energy, Inc.

(Exact name of Registrant as specified in its charter)

 

76-0655566 (IRS Employer Identification No.)

001-16455 (Commission File Number)

 

Delaware

 

(609) 524-4500

(State or other jurisdiction of 

 

(Registrant’s telephone number, 

incorporation)

 

including area code)

 

804 Carnegie Center,

Princeton, New Jersey 08540
(Address of principal executive offices, including zip code)

 

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:

 

o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)

 

Indicate by check mark whether the registrant is an emerging growth company as defined in as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).

 

o Emerging growth company

 

If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act.   o

 

 

 


 

Item 8.01.    Other Events.

 

As previously disclosed, on June 14, 2017, GenOn Energy, Inc. (“GenOn”) and certain of its directly and indirectly-owned subsidiaries (collectively, the “Debtors”) filed voluntary petitions for reorganization under Chapter 11 of the United States Bankruptcy Code in the United States Bankruptcy Court for the Southern District of Texas (the “Bankruptcy Court”) and on December 12, 2017, the Bankruptcy Court entered an order confirming the Debtors’ Third Amended Joint Chapter 11 Plan of Reorganization (the “Plan”).

 

GenOn has performed due diligence with respect to a successor or acquirer of all or a part of its assets (“Reorganized GenOn”) pursuant to the Plan. Based in part on the outcome of such due diligence, GenOn currently anticipates that Reorganized GenOn would not constitute a U.S. Real Property Holding Corporation (“USRPHC”) for purposes of the Foreign Investment in Real Property Tax Act (“FIRPTA”).  FIRPTA requires an inherently fact-intensive analysis and, as such, GenOn cannot know with certainty whether Reorganized GenOn will be a USRPHC on the effective date of the Plan or become a USRPHC in the future.

 

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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.

 

August 22, 2018

 

GenOn Energy, Inc.

 

 

(Registrant)

 

 

 

 

By:

/s/ Mark A. McFarland

 

 

Mark A. McFarland

 

 

Chief Executive Officer

 

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