-----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, APFEexjmRsiKGUFeC0lsDChPvSa8krm/UJDE0HgOTiJulicmQqUNmcIgbJhJdBBg /VbZcIOLEhLtwgJz5IU99g== 0000950153-07-000776.txt : 20070413 0000950153-07-000776.hdr.sgml : 20070413 20070413171733 ACCESSION NUMBER: 0000950153-07-000776 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20070413 ITEM INFORMATION: Temporary Suspension of Trading Under Registrant's Employee Benefit Plans ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20070413 DATE AS OF CHANGE: 20070413 FILER: COMPANY DATA: COMPANY CONFORMED NAME: AMERICAN PACIFIC CORP CENTRAL INDEX KEY: 0000350832 STANDARD INDUSTRIAL CLASSIFICATION: INDUSTRIAL INORGANIC CHEMICALS [2810] IRS NUMBER: 596490478 STATE OF INCORPORATION: DE FISCAL YEAR END: 0930 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-08137 FILM NUMBER: 07766632 BUSINESS ADDRESS: STREET 1: 3770 HOWARD HUGHES PKWY STE 300 CITY: LAS VEGAS STATE: NV ZIP: 89109 BUSINESS PHONE: 7027352200 MAIL ADDRESS: STREET 1: 3770 HOWARD HUGHES PKWY STE 300 STREET 2: 3770 HOWARD HUGHES PKWY STE 300 CITY: LAS VEGAS STATE: NV ZIP: 89109 8-K 1 p73711e8vk.htm 8-K e8vk
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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): April 13, 2007
 
AMERICAN PACIFIC CORPORATION
(Exact name of Registrant as Specified in its Charter)
         
Delaware   1-8137   59-6490478
         
(State or Other Jurisdiction
of Incorporation)
  (Commission File
Number)
  (IRS Employer
Identification No.)
     
3770 Howard Hughes Parkway, Suite 300, Las Vegas, Nevada

(Address of Principal Executive Offices)
  89169

(Zip Code)
Registrant’s telephone number, including area code: (702) 735-2200
 
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:
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))
 
 

 


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Item 5.04 Temporary Suspension of Trading Under Registrant’s Employee Benefit Plans.
Item 9.01 Financial Statements and Exhibits.
SIGNATURE
EXHIBIT INDEX
EX-99.1


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Item 5.04 Temporary Suspension of Trading Under Registrant’s Employee Benefit Plans.
     (a) On April 13, 2007, American Pacific Corporation (the “Company”) delivered a notice to its directors and executive officers informing them of a trading blackout commencing immediately through April 20, 2007, as a result of the delayed filing of the Fiscal 2006 Annual Report on Form 11-K for each of the American Pacific Corporation 401(k) Plan and the Ampac Fine Chemicals LLC Bargaining Unit 401(k) Plan. This current report on Form 8-K is notice to the Commission of the blackout period under Rule 104 of Regulation BTR. The Company provided notice of the blackout period to all affected directors and executive officers in the form of a memorandum that was distributed on April 13, 2007. A copy of this notice is included as Exhibit 99.1 to this Current Report on Form 8-K and incorporated by reference herein.
Item 9.01 Financial Statements and Exhibits.
     (d) Exhibits.
     
Exhibit No.   Description
99.1
  Notice to Executive Officers and Directors, dated April 13, 2007

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SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
         
  American Pacific Corporation
 
 
Date: April 13, 2007  By:   /s/ Dana M. Kelley    
    Dana M. Kelley   
    Vice President, CFO & Treasurer   
 

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EXHIBIT INDEX
     
Exhibit No.   Description
99.1
  Notice to Executive Officers and Directors, dated April 13, 2007

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EX-99.1 2 p73711exv99w1.htm EX-99.1 exv99w1
 

EXHIBIT 99.1
MEMORANDUM
     
Date:
  April 13, 2007
From:
  Linda Ferguson, Vice President, Administration
RE:
  Blackout Trading Restriction
 
     As a result of the delay in filing the Annual Reports on Form 11-K for the American Pacific Corporation 401(k) Plan and the Ampac Fine Chemicals LLC Bargaining Unit 401(k) Plan (the “Plans”), we have notified participants in the Plans that we are temporarily placing a block on their ability to invest new 401(k) contributions in or move their existing account balances to American Pacific Corporation (the “Company”) common stock (“Company Stock”). With the exception of directors and executive officers as discussed below, this block does not restrict the participant’s ability to sell or divest of any Company Stock that they may currently hold in their account or to move funds invested in Company Stock to another investment option.
     Section 306(a)(1) of the Sarbanes-Oxley Act of 2002 and Regulation BTR require that we impose a broader trading blackout on our directors and executive officers while the blackout period is in effect for the Plans. Accordingly, we are imposing this trading blackout period from April 13, 2007 through April 20, 2007. During this period, it is unlawful for any directors or executive officers of the Company, directly or indirectly, to purchase, sell, or otherwise acquire or transfer Company Stock (including any derivative securities tied to the value of the Company Stock) to the extent that such Company Stock was acquired in connection with the director’s or executive officer’s service or employment. The prohibitions also apply to any direct or indirect pecuniary interest you may have in Company Stock, such as Company Stock held by immediate family members living with you, or held in trust, or by controlled partnerships or corporations.
     If you have questions with regard to this matter please contact me at:
American Pacific Corporation
3770 Howard Hughes Parkway, Suite 300
Las Vegas, Nevada 89169
Telephone: (702) 735-2200
Email: lferguson@apfc.com

 

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