-----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, PVPBmy/w74UtGUZrXD9+OPfBBWB82T8IwE9oQjGH1mlCaN+kltAFEls1tdlGg0x8 Z1NGz3/Uk6JjxcjryBfk5A== 0000950147-01-500549.txt : 20010314 0000950147-01-500549.hdr.sgml : 20010314 ACCESSION NUMBER: 0000950147-01-500549 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20010307 ITEM INFORMATION: FILED AS OF DATE: 20010313 FILER: COMPANY DATA: COMPANY CONFORMED NAME: FINOVA CAPITAL CORP CENTRAL INDEX KEY: 0000043960 STANDARD INDUSTRIAL CLASSIFICATION: SHORT-TERM BUSINESS CREDIT INSTITUTIONS [6153] IRS NUMBER: 941278569 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: SEC FILE NUMBER: 001-07543 FILM NUMBER: 1567436 BUSINESS ADDRESS: STREET 1: 4800 N. SCOTTSDALE RD. STREET 2: PO BOX 2209 CITY: SCOTTSDALE STATE: AZ ZIP: 85251-7623 BUSINESS PHONE: 4806364800 MAIL ADDRESS: STREET 1: 4800 N. SCOTTSDALE RD. STREET 2: P.O. BOX 2209 CITY: SCOTTSDALE STATE: AZ ZIP: 85251-7623 FORMER COMPANY: FORMER CONFORMED NAME: GREYHOUND FINANCIAL CORP DATE OF NAME CHANGE: 19920703 FORMER COMPANY: FORMER CONFORMED NAME: GREYHOUND LEASING & FINANCIAL CORP DATE OF NAME CHANGE: 19870330 8-K 1 e-6489.txt CURRENT REPORT DATED 03/07/2001 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 March 7, 2001 (Date of earliest event reported) FINOVA CAPITAL CORPORATION (Exact Name of Registrant as Specified in its Charter) Delaware 1-7543 94-1278569 (State or Other Jurisdiction (Commission (IRS Employer of Incorporation) File Number) Identification No.) 4800 North Scottsdale Road, Scottsdale, Arizona 85251-7623 (Address of Principal Executive Offices) (Zip Code) (480) 636-4800 Registrant's telephone number, including area code None (Former Name or Former Address, if Changed Since Last Report) ITEM 5. OTHER EVENTS On March 7, 2001, The FINOVA Group Inc. announced that it and eight of its subsidiaries, including FINOVA Capital Corporation, had filed voluntarily petitions for reorganization under Chapter 11 of the United States Bankruptcy Code in the United States Bankruptcy Court in Wilmington, Delaware. In addition to The FINOVA Group Inc. and FINOVA Capital Corporation, the filing entities include FINOVA (Canada) Capital Corporation, FINOVA Capital plc, FINOVA Loan Administration Inc., FINOVA Mezzanine Capital Inc., FINOVA Portfolio Services, Inc., FINOVA Technology Finance, Inc. and FINOVA Finance Trust. The FINOVA entities obtained bankruptcy court orders March 7, 2001 that, among other things, * preserve their ability to run their businesses in the ordinary course, including honoring prepetition commitments for customer loans, leases and other financings, selling or leasing of repossessed, refurbished and leased assets, managing their portfolios and loans and making intercompany loans, and * authorize payment of prepetition employee claims and continuation of prepetition employee programs, policies and plans, with the exception of new retention plans that were recently adopted and will be submitted for bankruptcy court approval and amounts due to senior executives under existing retention plans, other amounts payable upon a change of control and certain payments due to senior executives in May 2002. The FINOVA Group's press release regarding the Chapter 11 filings is filed as Exhibit 99.A to this report. SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, FINOVA Capital Corporation has duly caused this report to be signed on its behalf by the undersigned, hereunto duly authorized. FINOVA CAPITAL CORPORATION /s/ Richard Lieberman ---------------------------------------- Dated: March 13, 2001 By: Richard Lieberman Vice President-Associate General Counsel and Acting Secretary EXHIBIT INDEX Exhibit Number Description - -------------- ----------- 99.A Press Release of The FINOVA Group Inc. dated March 7, 2001. EX-99.A 2 ex99a.txt PRESS RELEASE Exhibit 99A [LOGO] Media Contact: Mike Pascale/Rhonda Barnat The Abernathy MacGregor Group (212) 371-5999 Stuart A. Tashlik The FINOVA Group Inc. (480) 636-5355 All other inquiries: Sandra Sternberg/Rivian Bell The Abernathy MacGregor Group (480) 636-5800 or (213) 630-6550 FINOVA Group Inc. Files Chapter 11 to Implement Debt Restructuring Company has $1 Billion Cash with which to Operate SCOTTSDALE, ARIZ. - MARCH 7, 2001 - The FINOVA Group Inc. (NYSE: FNV), a diversified financial services company, and eight of its subsidiaries, including FINOVA Capital Corporation, today voluntarily filed to reorganize their debt under Chapter 11 of the U.S. Bankruptcy Code. The action is part of an agreement announced last week in which Berkshire Hathaway Inc. (NYSE:BRK.A, BRK.B) and Leucadia National Corporation (NYSE and PCX:LUK) would provide FINOVA Capital a $6 billion loan in connection with the restructuring of the company's outstanding bank and publicly traded debt. The petitions were filed in the Bankruptcy Court for the District of Delaware in Wilmington. Subject to Court approval, FINOVA Capital will use proceeds of the $6 billion senior secured five-year term loan to pay down, at par value, its existing bank and publicly traded indebtedness on a pro rata basis. Under the agreement with Berkshire Hathaway and Leucadia, and pending Court approval, the balance of FINOVA Capital's bank and bond indebtedness will be restructured into approximately $5 billion of new senior notes of FINOVA. In addition to The FINOVA Group Inc. and FINOVA Capital Corporation, the filing entities include: FINOVA (Canada) Capital Corporation; FINOVA Capital plc; FINOVA Loan Administration Inc.; FINOVA Mezzanine Capital Inc.; FINOVA Portfolio Services, Inc.; FINOVA Technology Finance, Inc.; and FINOVA Finance Trust. No other FINOVA subsidiaries are included in the filing. - more - PAGE 2/FINOVA The FINOVA Group Inc. and its filing subsidiaries listed assets of $12.5 billion and liabilities of $11.4 billion, primarily in bank and publicly traded debt securities. According to William J. Hallinan, FINOVA's newly appointed president and chief executive officer, "It will be business as usual at FINOVA. The company has positive cash flow and $1 billion in cash on hand to continue funding operations throughout the reorganization period. We will be open for business as usual and, pending Court approval, which we anticipate later today, employees will be paid their usual salary." The company said that it is seeking immediate permission from the Court to continue honoring all customer commitments, and that it has also asked Court permission to pay its offshore vendors in the ordinary course of business. The company has also requested Court approval to pay claims of trade creditors that continue customary terms in the ordinary course of business. The FINOVA Group Inc., through its principal operating subsidiary, FINOVA Capital Corporation, is a financial services company focused on providing a broad range of capital solutions primarily to midsize business. FINOVA is headquartered in Scottsdale, Ariz., with business development offices throughout the U.S. and London, U.K., and Toronto, Canada. For more information, visit the company's website at www.FINOVA.com, or call (480) 636-5800. This news release contains forward-looking statements such as predictions or forecasts. FINOVA assumes no obligation to update those statements to reflect actual results, changes in assumptions or other factors. The forward-looking statements are subject to known and unknown risks, uncertainties and other factors that could cause actual results to differ materially from those projected. Those factors include FINOVA's ability to address its financing requirements in lights of its existing debt obligations and market conditions; pending and potential litigation related to charges to earnings; the results of efforts to implement FINOVA's business strategy, including the ability to complete a debt restructuring and the transaction noted above; the ability to attract and retain key personnel and customers; conditions that adversely impact FINOVA's borrowers and their ability to meet their obligations to FINOVA; actual results in connection with continuing or discontinued operations; the adequacy of FINOVA's loan loss reserves and other risks detailed in FINOVA's SEC reports, including page 15 of FINOVA's 10-K for 1999. # # # -----END PRIVACY-ENHANCED MESSAGE-----