-----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, V4Tc5y+mdDKGOc8OCLQYvjy++8Zu1eKGGnEVfuz3o8pqkUeL0ZRrK+wstPRVQlKF aRfvOmP1o6IZqagYNCxavQ== 0001181431-05-047774.txt : 20050818 0001181431-05-047774.hdr.sgml : 20050818 20050818164317 ACCESSION NUMBER: 0001181431-05-047774 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20050815 ITEM INFORMATION: Other Events FILED AS OF DATE: 20050818 DATE AS OF CHANGE: 20050818 FILER: COMPANY DATA: COMPANY CONFORMED NAME: OWENS CORNING CENTRAL INDEX KEY: 0000075234 STANDARD INDUSTRIAL CLASSIFICATION: ABRASIVE ASBESTOS & MISC NONMETALLIC MINERAL PRODUCTS [3290] IRS NUMBER: 344323452 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-03660 FILM NUMBER: 051036252 BUSINESS ADDRESS: STREET 1: OWENS CORNING WORLD HEADQUARTERS STREET 2: ONE OWENS CORNING PKWY CITY: TOLEDO STATE: OH ZIP: 43659 BUSINESS PHONE: 4192488000 MAIL ADDRESS: STREET 1: OWENS CORNING WORLD HEADQUARTERS STREET 2: ONE OWENS CORNING PARKWAY CITY: TOLEDO STATE: OH ZIP: 43659 FORMER COMPANY: FORMER CONFORMED NAME: OWENS CORNING FIBERGLAS CORP DATE OF NAME CHANGE: 19920703 8-K 1 rrd89927.htm THIRD CIRCUIT ACTION Prepared By R.R. Donnelley Financial -- 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 (Date Of Earliest Event Reported):  08/15/2005
 
Owens Corning
(Exact Name of Registrant as Specified in its Charter)
 
Commission File Number:  1-3660
 
DE
  
34-4323452
(State or Other Jurisdiction of
  
(I.R.S. Employer
Incorporation or Organization)
  
Identification No.)
 
One Owens Corning Parkway, Toledo, OH 43659
(Address of Principal Executive Offices, Including Zip Code)
 
419-248-8000
(Registrant’s Telephone Number, Including Area Code)
 
(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(17CFR240.14a-12)

[  ]   Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act(17CFR240.14d-2(b))

[  ]   Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act(17CFR240.13e-4(c))
 

Items to be Included in this Report

 
Item 8.01.    Other Events
 
On August 15, 2005, the United States Court of Appeals for the Third Circuit reversed the Memorandum and Order Concerning Substantive Consolidation previously issued by the United States District Court for the District of Delaware in the Company's Chapter 11 bankruptcy proceedings. In that Memorandum and Order, the District Court had granted the motion of the Company and certain of its subsidiaries for substantive consolidation. Because the Company's currently proposed Plan of Reorganization is based upon substantive consolidation of the Company and certain of its subsidiaries for the purposes of voting, determining which claims and interests will be entitled to vote to accept or reject the Plan, confirmation of the Plan, and the resultant discharge of and cancellation of claims and interests and distribution of assets, interests and other property under the Plan, the Third Circuit's reversal of the District Court's Order, if it stands, is expected to result in significant modifications of the Plan and may impact the relative amounts ultimately payable to the Company's various creditor classes, including the possible extent to which post-petition interest may become payable on the Company's pre-petition bank credit facility. As previously reported, contractual interest expense has not been accrued or recorded on pre-petition debt of the Company and its Debtor subsidiaries since they filed under Chapter 11 of the United States Bankruptcy Code on October 5, 2000.
 

 

Signature(s)
 
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.
 
      
 
Owens Corning
 
 
Date: August 18, 2005.
     
By:
 
/s/    Stephen K. Krull
               
Stephen K. Krull
               
Senior Vice President, General Counsel and Secretary
 
 
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