-----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, V4Dc0Se7Fki79JgLy5tPAezXLzDh0dFTkKB62/FaILzrFANQ+/9tgcycucRoxHpR D8HojlNuLtoIb9gGnS+Shw== 0001393066-09-000008.txt : 20090223 0001393066-09-000008.hdr.sgml : 20090223 20090223060117 ACCESSION NUMBER: 0001393066-09-000008 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20090220 ITEM INFORMATION: Regulation FD Disclosure FILED AS OF DATE: 20090223 DATE AS OF CHANGE: 20090223 FILER: COMPANY DATA: COMPANY CONFORMED NAME: AbitibiBowater Inc. CENTRAL INDEX KEY: 0001393066 STANDARD INDUSTRIAL CLASSIFICATION: PAPER MILLS [2621] IRS NUMBER: 980526415 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-33776 FILM NUMBER: 09626533 BUSINESS ADDRESS: STREET 1: 1155 METCALF STREET, SUITE 800 CITY: MONTREAL STATE: A8 ZIP: H3B 5H2 BUSINESS PHONE: 514-875-2160 MAIL ADDRESS: STREET 1: 1155 METCALF STREET, SUITE 800 CITY: MONTREAL STATE: A8 ZIP: H3B 5H2 8-K 1 form8k.htm UNITED STATES

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):  February 20, 2009

 

ABITIBIBOWATER INC.

(Exact name of Registrant as Specified in Charter)

 

 

 

 

 

 

Delaware

 

001-33776

 

98-0526415

(State or other Jurisdiction of

Incorporation or Organization)

 

(Commission File Number)

 

(I.R.S. Employer

Identification Number)

 

 

 

 

 

AbitibiBowater Inc.

1155 Metcalfe Street, Suite 800

Montreal, Quebec

Canada

H3B 5H2

 

(Address of principal executive offices)

(Zip Code)

     
     
 

(514) 875-2160

 
 

(Registrant's telephone number, including area 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 (see General Instruction A.2. below):  

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))

 



 
Item 7.01.

Regulation FD Disclosure

   
 

As previously reported, on February 9, 2009, Bowater Finance II LLC ("BowFin"), an indirect wholly owned subsidiary of AbitibiBowater Inc. (the "Company"), commenced private exchange offers (the "Exchange Offers") with respect to certain outstanding debt securities (the "Bowater Notes") issued by either Bowater Incorporated ("Bowater"), a wholly owned subsidiary of the Company, or Bowater Canada Finance Corporation, a wholly owned subsidiary of Bowater.

   
  The Company has further reported that, in connection with the Exchange Offers, the Company and Bowater entered into exchange and support agreements (the "Support Agreements") with certain holders of Bowater Notes.  As of February 20, 2009, the Company and Bowater have entered into Support Agreements with holders of approximately $846 million in aggregate principal amount of Bowater Notes, which represents approximately 47% of the outstanding Bowater Notes and approximately 74% of the Bowater Notes that are required to achieve the minimum tender condition in the Exchange Offers.
   
 

As contemplated, since February 9, the Company and Bowater have also entered into additional backstop commitment agreements with certain holders of Bowater Notes.

   
 

The information contained in this Current Report on Form 8−K, is furnished pursuant to Item 7.01 of Form 8−K and shall not be deemed to be "filed" for the purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to the liabilities of that section.  The information in this report shall not be incorporated by reference into any registration statement or any other document filed pursuant to the Securities Act, except as otherwise expressly stated in such filing.  By filing this report and furnishing the information contained herein, the Company makes no admission as to the materiality of any such information.

   

    

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Signature

Pursuant to the requirements of the Securities Exchange Act of l934, as amended, the registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized.

 

  ABITIBIBOWATER INC.
     
     
  By:
/s/ Jacques P. Vachon
Dated: February 23, 2009   Name: Jacques P. Vachon
   

Title: Senior Vice-President Corporate Affairs and Chief Legal Officer

 

 

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