-----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, KAozaoOrIT+s1Anu7+ppNtfwbgkiinbYIu2xU/Za+ux1QwC50u9HDypqeH8D/qVW zi+JpLglizUESot0dgYY1A== 0000950152-96-003526.txt : 19960723 0000950152-96-003526.hdr.sgml : 19960723 ACCESSION NUMBER: 0000950152-96-003526 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 19960719 ITEM INFORMATION: Other events FILED AS OF DATE: 19960719 SROS: NYSE FILER: COMPANY DATA: COMPANY CONFORMED NAME: EAGLE PICHER INDUSTRIES INC CENTRAL INDEX KEY: 0000030927 STANDARD INDUSTRIAL CLASSIFICATION: MOTOR VEHICLE PARTS & ACCESSORIES [3714] IRS NUMBER: 310268670 STATE OF INCORPORATION: OH FISCAL YEAR END: 1130 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-01499 FILM NUMBER: 96596915 BUSINESS ADDRESS: STREET 1: 580 WALNUT ST STREET 2: P O BOX 779 CITY: CINCINNATI STATE: OH ZIP: 45201 BUSINESS PHONE: 5137217010 MAIL ADDRESS: STREET 1: 580 WALNUT ST PO BOX 779 CITY: CINCINNATI STATE: OH ZIP: 45201 FORMER COMPANY: FORMER CONFORMED NAME: EAGLE PICHER CO DATE OF NAME CHANGE: 19660921 8-K 1 EAGLE PICHER CURRENT REPORT 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): July 19, 1996 (July 17, 1996) ------------- --------------- EAGLE-PICHER INDUSTRIES, INC. ------------------------------------------------------ (Exact name of registrant as specified in its charter) OHIO 1-1499 31-0268670 - ---------------------------- ------------- ----------------- (State or other jurisdiction (Commission (IRS Employer of incorporation) File Number) Identification Number)
580 Walnut St., 13th Floor, P.O. Box 779, Cincinnati, Ohio 45201 ----------------------------------------------------------------- (Address of principal executive offices) (Zip Code) Registrant's telephone number, including area code: 513-721-7010 ------------ (Not Applicable) ----------------------------------------------------------------- (Former name or former address, if changed since last report) 1 2 Item 5. Other Events. ------------ On July 17, 1996, Eagle-Picher Industries, Inc. and seven of its domestic subsidiaries filed a Second Amended Consolidated Plan of Reorganization (the "Plan") in their chapter 11 cases. These cases are pending before the United States Bankruptcy Court for the Southern District of Ohio, Western Division, under the caption, IN RE EAGLE-PICHER INDUSTRIES, INC., ET AL., Consolidated Case No. 1-91-00100. The Plan was proposed jointly with the Injury Claimants' Committee and Legal Representative for Future Claimants appointed by the Bankruptcy Court to represent certain claimants in the chapter 11 cases. The basic elements of the Plan are discussed in the News Release dated July 18, 1996, which is attached hereto as Exhibit 20 and incorporated by reference into this Item 5. 2 3 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. EAGLE-PICHER INDUSTRIES, INC. ----------------------------- (Registrant) Date: July 19, 1996 By: /s/ James A. Ralston -------------------------- James A. Ralston Vice President, General Counsel and Secretary 3 4 EXHIBIT INDEX Exhibit Number Page - -------------- ---- 20 5
4 EX-20 2 EXHIBIT 20 1 EXHIBIT 20 ---------- NEWS RELEASE Eagle-Picher Industries, Inc., Cincinnati, Ohio 45202 FOR RELEASE: IMMEDIATELY FOR ADDITIONAL INFORMATION CONTACT: J. RODMAN NALL (513) 721-7010 EAGLE-PICHER INDUSTRIES, INC. FILES SECOND AMENDED PLAN OF REORGANIZATION Cincinnati, Ohio - July 18 - Eagle-Picher Industries, Inc. today announced that a Second Amended Consolidated Plan of Reorganization (the "Plan") was filed late in the day of July 17, 1996. The previous plan that was filed on April 9, 1996 provided that each holder of a prepetition general unsecured claim (including environmental claims) would receive its pro rata share of the cash, notes, and stock to be distributed under the plan to all such claimants and to a trust to be established to satisfy all present and future asbestos and lead-related personal injury claims against the Company. The Plan provides that each holder of a prepetition general unsecured claim will receive its pro rata share of the value of the aggregate consideration, which consists of cash, notes and stock of the reorganized Company (the "Distribution Value"), to be distributed under the Plan to holders of general unsecured claims, environmental claims, asbestos and lead personal injury and asbestos property damage claims. Each such holder shall have the option of receiving the amount of such pro rata share as follows: (a) 1/2 of such pro rata share in cash and 1/2 of such pro rata share in notes with a three year maturity; or (b) 1/6 of such pro rata share in cash, 1/2 of such pro rata share in notes with a three year maturity, and 1/3 of such pro rata share in stock of the reorganized Company. The Plan also modifies the consideration to be distributed to a trust that will be established to resolve and satisfy asbestos property damage claims. That trust will receive $3 million in cash if the class of asbestos property damage claims accepts the Plan. If the class rejects the Plan, however, the aggregate value of asbestos property damage claims will be estimated and, based on such estimated amount, the trust will receive its pro rata share of the Distribution Value in the form of debentures of the reorganized Company having a ten year maturity. 5 2 EAGLE-PICHER INDUSTRIES, INC. PAGE 2 Pursuant to the Plan the trust to be established to resolve and satisfy all asbestos and lead-related personal injury claims will receive all of the Distribution Value that is not distributed to other claimants. Based on the decision of the Bankruptcy Court (which currently is on appeal) which estimated the Company's liability with respect to present and future asbestos-related personal injury claims at approximately $2.5 billion, and the Company's estimate that all other prepetition unsecured claims aggregate approximately $157 million, the Company estimates that the percentage of the Distribution Value that will be distributed to the trust established to resolve and satisfy asbestos and lead-related personal injury claims will be approximately 94% and the percentage of the Distribution Value that will be distributed with respect to other prepetition general unsecured claims will be approximately 6%. As was the case with the previous plan, the Company's equity security holders will receive no distribution under the Plan and their shares will be cancelled. # # # # # 7/18/96 6 -----END PRIVACY-ENHANCED MESSAGE-----