-----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, KrG6gnC0v+m/lVa3S4zHQ7ck0Gm7RgWHfMFo2G37zamjQJFHbFbGVH+Z6NMBzUeh PfatfvdyTXXT3/lkCs7Zrw== 0001157523-06-010992.txt : 20061107 0001157523-06-010992.hdr.sgml : 20061107 20061107153036 ACCESSION NUMBER: 0001157523-06-010992 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20061107 ITEM INFORMATION: Other Events ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20061107 DATE AS OF CHANGE: 20061107 FILER: COMPANY DATA: COMPANY CONFORMED NAME: MCDERMOTT INTERNATIONAL INC CENTRAL INDEX KEY: 0000708819 STANDARD INDUSTRIAL CLASSIFICATION: FABRICATED PLATE WORK (BOILER SHOPS) [3443] IRS NUMBER: 720593134 STATE OF INCORPORATION: R1 FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-08430 FILM NUMBER: 061193784 BUSINESS ADDRESS: STREET 1: 777 N. ELDRIDGE PARKWAY CITY: HOUSTON STATE: TX ZIP: 77079 BUSINESS PHONE: 281-870-5000 MAIL ADDRESS: STREET 1: 777 N. ELDRIDGE PARKWAY CITY: HOUSTON STATE: TX ZIP: 77079 8-K 1 a5268949.txt MCDERMOTT INTERNATIONAL 8-K 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): November 7, 2006 McDERMOTT INTERNATIONAL, INC. - -------------------------------------------------------------------------------- (Exact name of registrant as specified in its charter) REPUBLIC OF PANAMA 001-08430 72-0593134 - -------------------------------------------------------------------------------- (State or other jurisdiction (Commission (IRS Employer of incorporation) File Number) Identification No.) 777 N. Eldridge Parkway, Houston, Texas 77079 - -------------------------------------------------------------------------------- (Address of principal executive offices) (Zip Code) Registrant's Telephone Number, including Area Code: (504) 587-5901 -------------- ----------------------------------------- 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: |_| Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |_| Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |_| Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |_| Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) ----------------------------------------- Item 8.01 Other Events. On November 7, 2006, McDermott International, Inc. issued a press release reporting on the jury verdict in the matter entitled Citgo Petroleum Corporation and PDV Midwest Refinery L.L.C. v McDermott International, Inc., et al. A copy of the press release is attached as Exhibit 99.1, and the information contained in Exhibit 99.1 is incorporated by reference. Item 9.01 Financial Statements and Exhibits. (d) Exhibits 99.1 Press Release dated November 7, 2006 SIGNATURES 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 thereunto duly authorized. McDERMOTT INTERNATIONAL, INC. By:/s/Michael S. Taff --------------------------------------------- Michael S. Taff Chief Accounting Officer November 7, 2006 2 EX-99.1 2 a5268949ex991.txt MCDERMOTT INTERNATIONAL EXHIBIT 99.1 Exhibit 99.1 McDermott Comments on Citgo Verdict Appeal planned of jury verdict despite B&W's capped potential liability of $42.5 million HOUSTON--(BUSINESS WIRE)--Nov. 7, 2006--McDermott International, Inc. (NYSE:MDR) ("McDermott") announced today that a jury verdict has been rendered against one of its subsidiaries, The Babcock & Wilcox Company ("B&W"), in the matter entitled Citgo Petroleum Corporation and PDV Midwest Refinery L.L.C. v McDermott International, Inc., et al. (the "Citgo Action"). The case, filed in Cook County, Illinois, involves claims for damages in connection with the manufacture and sale in 1981 by a former B&W division of a pipe fitting that allegedly caused an August 14, 2001 fire at a refinery in the Chicago area. The total amount awarded the plaintiffs is approximately $387 million. As previously reported, pursuant to a settlement agreement reached in December 2005, B&W paid $7.5 million to the plaintiffs, and limited its additional exposure to the plaintiffs to a maximum of $42.5 million, which would only be payable after all appeals of the Citgo Action and claims against B&W's insurance broker and applicable insurers have been exhausted. The jury apportioned liability of 45% to B&W, 15% to Citgo and 40% to Unocal, the prior owner of the refinery. Citgo had sought approximately $550 million in damages and a finding of full liability on the part of B&W. While B&W's liability is capped at $42.5 million, B&W believes that the verdict, including the findings of fault and liability, raise complex issues that should be reviewed on appeal. Additionally, the determination of any additional insurance premium charge is subject to the exhaustion of all appeals. Further information regarding the Citgo Action can be found in McDermott's annual and quarterly filings with the Securities and Exchange Commission, including its report on Form 10-Q for the quarter ended September 30, 2006. McDermott International, Inc. is a leading worldwide energy services company. The Company's subsidiaries provide engineering, construction, installation, procurement, research, manufacturing, environmental systems, project management and facility management services to a variety of customers in the energy and power industries, including the U.S. Department of Energy. In accordance with the Safe Harbor provisions of the private Securities Litigation Reform Act of 1995, McDermott cautions that this press release contains forward-looking statements regarding the timing and amount of the Company's liability associated with the Citgo Action. Although we believe that the expectations reflected in those forward-looking statements are reasonable, they are subject to the risk that litigation, including any appeals, is an inherently complex and uncertain process which cannot be predicted with accuracy. CONTACT: McDermott International, Inc. Investor Relations & Corporate Communications Jay Roueche or Robby Bellamy, 281-870-5011 www.mcdermott.com -----END PRIVACY-ENHANCED MESSAGE-----