0000919465-13-000004.txt : 20130129 0000919465-13-000004.hdr.sgml : 20130129 20130129112038 ACCESSION NUMBER: 0000919465-13-000004 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20130129 ITEM INFORMATION: Regulation FD Disclosure ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20130129 DATE AS OF CHANGE: 20130129 FILER: COMPANY DATA: COMPANY CONFORMED NAME: BERRY PLASTICS GROUP INC CENTRAL INDEX KEY: 0001378992 STANDARD INDUSTRIAL CLASSIFICATION: PLASTICS PRODUCTS, NEC [3089] IRS NUMBER: 000000000 STATE OF INCORPORATION: DE FISCAL YEAR END: 0930 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-35672 FILM NUMBER: 13554061 BUSINESS ADDRESS: STREET 1: 101 OAKLEY STREET STREET 2: PO BOX 959 CITY: EVANSVILLE STATE: IN ZIP: 47710 BUSINESS PHONE: 8124242904 MAIL ADDRESS: STREET 1: 101 OAKLEY STREET STREET 2: PO BOX 959 CITY: EVANSVILLE STATE: IN ZIP: 47710 8-K 1 bpg8k012913.htm BERRY PLASTICS GROUP, INC. FORM 8-K JANUARY 2013 bpg8k012913.htm
 

 
 
UNITED STATES
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): January 29, 2013
 

 

 
BERRY PLASTICS GROUP, INC.
 (Exact name of Registrant as specified in its charter)
 
Delaware
(State of Incorporation)
 
001-35672
(Commission File Number)
 
 
20-5234618
(I.R.S. Employer Identification No.)
101 Oakley Street
Evansville, Indiana
(Address of principal executive offices)
47710
(Zip Code)
 
(812) 424-2904
(Registrant’s telephone number, including area code)
 
N/A
(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:
 
 
 
[  ] 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.

On January 29, 2013, the Berry Plastics Group, Inc. (the “Registrant”) announced that its subsidiary, Berry Plastics Corporation (“Berry Corporation”), intends to obtain commitments for $1.0 billion of first lien senior secured term loans, to be structured as an incremental facility under Berry Corporation’s existing term loan credit agreement.  A copy of the press release is attached hereto as Exhibit 99.1 and is incorporated by reference into this Item 8.01.

The information furnished pursuant to Item 7.01 of this Current Report on Form 8-K (including Exhibit 99.1 hereto) is being furnished and shall not be deemed “filed” under the Securities Exchange Act of 1934, as amended (the “Exchange Act”), nor shall it be incorporated by reference into future filings by the Registrant under the Securities Act or under the Exchange Act, except as expressly set forth by specific reference in such a filing.
 

 
 
Item 9.01                      Financial Statements and Exhibits.
 

(d)                           Exhibits
 
Exhibit No.
Description
99.1
Press Release issued by Berry Plastics Group, Inc., dated as of January 29, 2013.
 

 
 
 


 
 
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.
 
 
 
BERRY PLASTICS GROUP, INC.
 
 
Date: January 29, 3013                                                             By:  /s/ Mark Miles         
Name:  Mark Miles
Title:  Executive Vice President
               
 

 
 
 


 
 
EXHIBIT INDEX
 
Exhibit No.
Description
99.1
Press Release issued by Berry Plastics Group, Inc., dated as of January 29, 2013.


 
 
 

EX-99.1 2 exh991.htm EXHIBIT 99.1 PRESS RELEASE DATED JANUARY 29, 2013 exh991.htm
Exhibit 99.1
 
[Missing Graphic Reference]                                                         NEWS RELEASE 
Media Contact:                                                                                                                  Investor Contact:
Eva Schmitz                                                                                                                        Dustin Stilwell
812.306.2424                                                                                                                       812.306.2964
evaschmitz@berryplastics.com                                                                                      dustinstilwell@berryplastics.com
 
 
FOR IMMEDIATE RELEASE
 
 
Berry Plastics Corporation Announces Plans for Incremental Term Loan
 
 
EVANSVILLE, Ind. - January 29, 2013 – Berry Plastics Group, Inc. (NYSE:  BERY) announced today that its subsidiary, Berry Plastics Corporation (“Berry”), intends to obtain commitments for $1.0 billion of first lien senior secured term loans, to be structured as an incremental facility under Berry’s existing term loan credit agreement (such loans, the “New Loans”).  Berry intends to use the net proceeds from the borrowing of the New Loans to redeem its Second Priority Senior Secured Floating Rate Notes due 2014, First Priority Senior Secured Floating Rate Notes due 2015 and 10¼% Senior Subordinated Notes due 2016 (the “Redemption”).  Berry is in discussion with lenders regarding the New Loans; however, there can be no assurance that Berry will obtain the commitments in the time frame or on the terms it expects, or at all or that the Redemption will occur.
 
About Berry Plastics
Berry Plastics Group, Inc. is a leading provider of value-added plastic consumer packaging and engineered materials delivering high-quality customized solutions to our customers with annual net sales of $4.8 billion in fiscal 2012. With world headquarters in Evansville, Indiana, the Company’s common stock is listed on the New York Stock Exchange under the ticker symbol BERY.  For additional information, visit the Company’s website at www.berryplastics.com.
 
 
Certain statements and information included in this release may constitute “forward looking statements” within the meaning of the Federal Private Securities Litigation Reform Act of 1995. Such forward-looking statements involve known and unknown risks, uncertainties and other factors which may cause the actual results, performance, or achievements of the Company to be materially different from any future results, performance, or achievements expressed or implied in such forward looking statements.  Additional discussion of factors that could cause actual results to differ materially from management’s projections, forecasts, estimates and expectations is contained in the companies’ SEC filings. The Company does not undertake any obligation to update any forward-looking statements, or to make any other forward-looking statements, whether as a result of new information, future events or otherwise.
 
 
 
 
 
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