-----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, C2GxVcEY2gj4GcibbOquf4agi0GygGF5kRs0J82q1nIABVmlcH9E7NpG/eM+OMOZ 3W/pgfEYvyTyrsJcMKXLtQ== 0000906318-09-000090.txt : 20090616 0000906318-09-000090.hdr.sgml : 20090616 20090616172043 ACCESSION NUMBER: 0000906318-09-000090 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20090610 ITEM INFORMATION: Other Events FILED AS OF DATE: 20090616 DATE AS OF CHANGE: 20090616 FILER: COMPANY DATA: COMPANY CONFORMED NAME: MILACRON INC CENTRAL INDEX KEY: 0000716823 STANDARD INDUSTRIAL CLASSIFICATION: SPECIAL INDUSTRY MACHINERY, NEC [3559] IRS NUMBER: 311062125 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-08485 FILM NUMBER: 09894765 BUSINESS ADDRESS: STREET 1: 4165 HALF ACRE ROAD CITY: BATAVIA STATE: OH ZIP: 45103 BUSINESS PHONE: 513-536-3558 MAIL ADDRESS: STREET 1: 4165 HALF ACRE ROAD CITY: BATAVIA STATE: OH ZIP: 45103 FORMER COMPANY: FORMER CONFORMED NAME: CINCINNATI MILACRON INC /DE/ DATE OF NAME CHANGE: 19920703 FORMER COMPANY: FORMER CONFORMED NAME: CINCINNATI MILACRON HOLDINGS INC DATE OF NAME CHANGE: 19830503 FORMER COMPANY: FORMER CONFORMED NAME: CINCINNATI MILLING MACHINE CO DATE OF NAME CHANGE: 19600201 8-K 1 milacron8k61009.htm FORM 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:  June 10, 2009

(Date of earliest event reported)

 

 

Milacron Inc.

(Exact name of registrant as specified in its charter)

 

Delaware

001-08485

31-1062125

(State or other jurisdiction

 of incorporation)

(Commission

 File Number)

(I.R.S. Employer

 Identification No.)

 

 

 

4165 Half Acre Road, Batavia, Ohio

45103

(Address of principal executive offices)

(Zip Code)

 

 

Registrant’s telephone number, including area code:  (513) 536-2000

 

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:


¨

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 240.13a-4(c))








Form 8-K


Item 8.01 Other Events


On June 10, 2009, the Pension Benefit Guaranty Corporation (the "PBGC") filed a complaint (the "Complaint") in the U.S. District Court for the Southern District of Ohio, Western Division, seeking an order (a)  terminating the Milacron Retirement Plan (the "Plan") as of June 10, 2009, (b) appointing the PBGC as the statutory trustee of the Plan and (c) directing that the Plan's administrator turn over all records and assets of the Plan to the PBGC.  


Milacron Inc. (the "Company"), the contributing sponsor of the Plan, filed a petition for relief under chapter 11 of the U.S. Bankruptcy Code on March 10, 2009 and entered into a Purchase Agreement on May 3, 2009 for the sale of substantially all of its assets under section 363 of the Bankruptcy Code.  Under the Purchase Agreement, which is subject to higher and better offers and to Bankruptcy Court approval, the purchaser of the Company's assets will not assume the Company's liabilities for pension benefits under the Plan.  


The Complaint states that the PBGC is a United States government corporation established to administer the pension plan termination insurance program created by the Employee Retirement Income Security Act of 1974 and that when an underfunded pension plan terminates, the PBGC ensures the timely and uninterrupted payment of statutorily guaranteed pension benefits to plan participants and their beneficiaries.


According to the Complaint, the PBGC has determined that the Plan will be unable to pay benefits when due, and that the possible long-run loss of the PBGC with respect to the Plan may reasonably be expected to increase unreasonably if the Plan is not terminated.  









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.

 

 

 

Milacron Inc.

 

 

 

 

Date:  June 16, 2009

By:

 /s/ Hugh C. O’Donnell

 

Name: Hugh C. O’Donnell

 

Title: Senior Vice President, General Counsel and Secretary

 

 







 -----END PRIVACY-ENHANCED MESSAGE-----