-----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, TN+6nqch7RZBhvM2H9bhhp7DEEQwTzCeoscI7YnfZOFCbeLmHu7V913AB2Tthfyd 8R6FB0ezD6A25mMgvzhPRg== 0001275287-06-003947.txt : 20060728 0001275287-06-003947.hdr.sgml : 20060728 20060728163449 ACCESSION NUMBER: 0001275287-06-003947 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20060728 ITEM INFORMATION: Regulation FD Disclosure ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20060728 DATE AS OF CHANGE: 20060728 FILER: COMPANY DATA: COMPANY CONFORMED NAME: WALTER INDUSTRIES INC /NEW/ CENTRAL INDEX KEY: 0000837173 STANDARD INDUSTRIAL CLASSIFICATION: GEN BUILDING CONTRACTORS - RESIDENTIAL BUILDINGS [1520] IRS NUMBER: 133429953 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-13711 FILM NUMBER: 06988442 BUSINESS ADDRESS: STREET 1: 1500 N DALE MABRY HWY CITY: TAMPA STATE: FL ZIP: 33607 BUSINESS PHONE: 8138714811 MAIL ADDRESS: STREET 1: 1500 N DALE MABRY HWY STREET 2: 1500 NORTH MABRY HGWY CITY: TAMPA STATE: FL ZIP: 33607 FORMER COMPANY: FORMER CONFORMED NAME: HILLSBOROUGH HOLDINGS CORP DATE OF NAME CHANGE: 19910814 8-K 1 wi6583.txt FORM 8-K ================================================================================ UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, DC 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) July 28, 2006 WALTER INDUSTRIES, INC. (Exact name of registrant as specified in its charter) Delaware 001-13711 13-3429953 (State or other jurisdiction of (Commission (IRS Employer incorporation or organization) File Number) Identification No.) 4211 W. Boy Scout Boulevard, Tampa, Florida 33607 (Address of principal executive offices) (Zip Code) Registrant's telephone number, including area code: (813) 871-4811 NOT APPLICABLE (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 240.13-4(c)) ================================================================================ ITEM 7.01 REGULATION FD DISCLOSURE The following information is furnished pursuant to Item 7.01 "Regulation FD Disclosure." On July 28, 2006, Walter Industries, Inc. issued a press release announcing second quarter coal production results and updated its full-year production estimates for Natural Resources. A copy of the press release is attached hereto as Exhibit 99.1. The information contained in Item 7.01 and 9.01 shall not be deemed to be "filed" with the Securities and Exchange Commission or incorporated by reference in any filing under the Securities Exchange Act of 1934, as amended or the Securities Act of 1933, as amended, except as shall be expressly set forth by specific reference in any such filings. ITEM 9.01 FINANCIAL STATEMENTS AND EXHIBITS (d) Exhibits 99.1 July 28, 2006, Walter Industries Announces Second Quarter Coal Production Results and Full-Year Production Estimates 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 hereunto duly authorized. WALTER INDUSTRIES, INC. By: /s/ Victor P. Patrick ----------------------------------- Victor P. Patrick Sr. Vice President, General Counsel and Secretary Date: July 28, 2006 EX-99.1 2 wi6583ex991.txt EXHIBIT 99.1 Exhibit 99.1 WALTER INDUSTRIES ANNOUNCES SECOND QUARTER COAL PRODUCTION RESULTS AND FULL-YEAR PRODUCTION ESTIMATES TAMPA, Fla., July 28 /PRNewswire-FirstCall/ -- - Walter Industries, Inc. (NYSE: WLT) announced today its coal production results for the second quarter and updated its full-year production estimates for Natural Resources. "We are providing this clarification to quarterly coal production and expectations for the year because our actual second quarter production statistics were recently posted to a U.S. government Web site," said Gregory E. Hyland, chairman and CEO of Walter Industries, Inc. Natural Resources produced 1.2 million tons of metallurgical coal for the quarter-ended June 30, 2006. Specifically, Mine No. 4 produced less tonnage than its historic quarterly averages, primarily due to a longwall move and reduced production from temporary roof control issues. In particular, significantly reduced longwall advance rates at Mine No. 4 resulted from a thin coal seam in the initial portion of a new panel which led to difficult roof conditions. In mid July, Mine No. 4's longwall advanced to an area of its current panel where seam thickness and roof conditions are more consistent with the Company's experience in an adjacent panel. The Company expects Mine No. 4 to produce approximately 1.4 to 1.5 million tons in the second half of 2006. The Company expects full-year coal production to be in the range of 6.2 million to 6.4 million tons of coal, which represents a reduction from prior full-year expectations of 6.7 million tons. This expectations range excludes production from the Company's Kodiak Mining joint venture. Earnings Announcement and Conference Call Web cast Hyland and members of the Company's leadership team will further discuss its Natural Resources business, along with Walter Industries' consolidated second quarter results, the outlook for 2006 and other general business matters on a conference call and live Web cast to be held on Wed., Aug. 2, 2006, at 8:30 a.m. Eastern Daylight Time. To listen to the event live or in archive, visit the Company Web site at http://www.walterind.com . About Walter Industries Walter Industries, Inc. is a diversified company with consolidated annual revenues of approximately $3.1 billion. The Company is a significant producer of high-quality metallurgical coal and natural gas for worldwide markets and is a leader in affordable homebuilding and financing. Walter Industries also is a majority shareholder of Mueller Water Products, a leading water infrastructure, flow control and water transmission products company. Including Mueller Water, the Company employs approximately 10,000 people. For more information about Walter Industries, please visit the Company Web site at http://www.walterind.com . Safe Harbor Statement Except for historical information contained herein, the statements in this release are forward-looking and made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. Forward-looking statements involve known and unknown risks and uncertainties that may cause the Company's actual results in future periods to differ materially from forecasted results. Those risks include, among others, changes in customers' demand for the Company's products, changes in raw material, labor, equipment and transportation costs and availability, geologic and weather conditions, changes in extraction costs and pricing in the Company's mining operations, changes in customer orders, pricing actions by the Company's competitors, changes in law, the collection of approximately $14 million of receivables associated with a working capital adjustment arising from the sale of a subsidiary in 2003, potential changes in the mortgage-backed capital market, and general changes in economic conditions. Those risks also include the timing of and ability to execute the spin-off of the Company's Water Products business and any other strategic action that may be pursued. Risks associated with forward-looking statements are more fully described in the Company's and Mueller's filings with the Securities and Exchange Commission. The Company assumes no duty to update its forward-looking statements as of any future date. SOURCE Walter Industries, Inc. -0- 07/28/2006 /CONTACT: Investors, Joseph J. Troy, Sr. Vice President, +1-813-871-4404, or jtroy@walterind.com, or media, Michael A. Monahan, Director - - - Corporate Communications, +1-813-871-4132, or mmonahan@walterind.com, both of Walter Industries/ /Photo: http://www.newscom.com/cgi-bin/prnh/20020429/FLM010LOGO-c AP Archive: http://photoarchive.ap.org PRN Photo Desk, photodesk@prnewswire.com / /Web site: http://www.walterind.com / -----END PRIVACY-ENHANCED MESSAGE-----