-----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, R3Z+zsJziyDUtC4Ds6npdEA16gR/yLFEgBlI4lC6n3mgbJ5BijEraCpfEb9T4IKq 2OWqUtWIPmi3sMX7B9Ih4w== 0000906280-98-000194.txt : 19981231 0000906280-98-000194.hdr.sgml : 19981231 ACCESSION NUMBER: 0000906280-98-000194 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 19981230 ITEM INFORMATION: FILED AS OF DATE: 19981230 FILER: COMPANY DATA: COMPANY CONFORMED NAME: INTERNATIONAL SHIPHOLDING CORP CENTRAL INDEX KEY: 0000278041 STANDARD INDUSTRIAL CLASSIFICATION: DEEP SEA FOREIGN TRANSPORTATION OF FREIGHT [4412] IRS NUMBER: 362989662 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: SEC FILE NUMBER: 001-10852 FILM NUMBER: 98778470 BUSINESS ADDRESS: STREET 1: 650 POYDRAS ST STE 1700 CITY: NEW ORLEANS STATE: LA ZIP: 70130 BUSINESS PHONE: 5045295461 8-K 1 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) December 30, 1998 INTERNATIONAL SHIPHOLDING CORPORATION (Exact name of registrant as specified in its charter) Delaware 2-63322 36-2989662 (State or other jurisdiction (Commission File Number) (IRS Employer of incorporation) Identification No.) 650 Poydras Street, New Orleans, Louisiana 70130 (Address of principal executive offices) (Zip Code) (504) 529-5461 (Registrant's telephone number, including area code) Not applicable (Former name or former address, if changed since last report.) ITEM 5. OTHER EVENTS On December 30, 1998, the Company issued the following press release: NEW ORLEANS, LOUISIANA - On December 15, 1998, the Company was notified that Seminole Electric Cooperative, Inc. ("SECI") had filed suit against the Company's wholly owned subsidiary, Central Gulf Lines, Inc. ("CGL"), seeking a declaratory judgment that SECI is entitled to terminate its performance under a long-term coal transportation agreement with CGL, subject to SECI's obligation to pay "fair and lawful damages" to CGL. SECI has also asked the court to determine the amount of damages payable to CGL as a result of termination of its performance. The suit was filed in the United States District Court for the Middle District of Florida (Case Number 98-2561-CIV-T-25B). The suit is in connection with an agreement entered into in 1981, which provides for CGL to transport for SECI a minimum of 2.7 million tons of coal annually through September 2004 by barge from Mt. Vernon, Indiana to Port St. Joe, Florida. The agreement requires SECI to pay for the water transportation segment of the contract on a "cost-plus" basis and the transfer from barge to rail on a rate basis, and SECI alleges that the cost of the contract exceeds the total cost of currently available all-rail transportation. After failing to negotiate a buy-out of the agreement with CGL, SECI notified CGL on December 15, 1998 that it was terminating performance under the agreement, commencing alternative rail transportation, and commencing litigation to confirm its ability to terminate performance and to establish the damages owed to CGL as a result of such termination. SECI's complaint states that it is "prepared to pay damages to CGL properly calculated to return to CGL the value of the profits that CGL otherwise would earn over the remaining term" of the agreement. CGL has disputed SECI's right to terminate performance and has served a demand for arbitration pursuant to the terms of the agreement in which CGL seeks specific performance of the agreement for its remaining six-year term, and in the alternative, damages. Because of SECI's admitted obligation to reimburse CGL for its lost profits, the Company does not believe that this dispute will have a material adverse effect on its financial condition or results of operations, even if SECI is successful in terminating its performance under the agreement. ITEM 7. FINANCIAL STATEMENTS AND EXHIBITS. (a) Not applicable. (b) Exhibits - none. SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the Company has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. INTERNATIONAL SHIPHOLDING CORPORATION By: /S/ GARY L. FERGUSON ------------------------------ Gary L. Ferguson Vice President and Chief Financial Officer Dated: December 30, 1998 -----END PRIVACY-ENHANCED MESSAGE-----