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): September 14, 2012
AMBAC FINANCIAL GROUP, INC.
(Exact name of Registrant as specified in its charter)
Delaware | 1-10777 | 13-3621676 | ||
(State of incorporation) |
(Commission file number) |
(I.R.S. employer identification no.) |
One State Street Plaza, New York, New York 10004
(Address of principal executive offices) (Zip Code)
(212) 668-0340
(Registrant’s telephone number, including area code)
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-4c)) |
Item 7.01 | Regulation FD Disclosure |
As previously announced, the Circuit Court for Dane County, Wisconsin (the “Rehabilitation Court”) approved by order a motion by the Wisconsin Commissioner of Insurance, acting as the Rehabilitator of the Segregated Account of Ambac Assurance Corporation (the “Segregated Account”), to commence making interim cash payments on policy claims submitted to the Segregated Account (“Policy Claims”) in an amount, in cash, equal to 25% of the permitted amount of each Policy Claim (the “Interim Cash Payment Order”). To facilitate the Interim Cash Payment Order, the Rehabilitator has promulgated (and filed with the Rehabilitation Court) Rules Governing the Submission, Processing and Partial Payment of Policy Claims in accordance with the June 4, 2012 Interim Cash Payment Order (the “Policy Claim Rules”).
In accordance with the Policy Claim Rules, beginning in August 2012, policyholders that submit compliant Policy Claims by the end of a calendar month and which are permitted and approved by the Rehabilitator for payment are eligible to receive 25% of the amount of the permitted Policy Claim from the Segregated Account on or around the 20th day of the following month.
As of August 31, 2012, Ambac Assurance Corporation, as the management services provider for the Segregated Account (the “Management Services Provider”), had received most of the Policy Claims relating to the period between March 24, 2010 and July 31, 2012 (the “Moratorium Period”) that it had expected. However, as of August 31, 2012, it has not received Policy Claims relating to the Moratorium Period (the “Moratorium Period Policy Claims”) in respect of the following CUSIPs (the “Securities”) which it had expected to receive:
CUSIP |
25457VAA4 |
25457VAB2 |
25457VAC0 |
25457VAH9 |
25457VAJ5 |
126673KF8 |
126673KQ4 |
126673KL5 |
126673KS0 |
126673TN2 |
126673TP7 |
126685AJ5 |
126685AK2 |
126685CS3 |
126685CX2 |
68620CAA8 |
68620CAB6 |
000759BT6 |
00079CAA7 |
126685DH6 |
126685DJ2 |
12668RAC2 |
26882JAA4 |
26882JAB2 |
26882JAC0 |
26882JAD8 |
76110WPC4 |
76110WPD2 |
76110WPF7 |
76110WPG5 |
749248AA8 |
749248AF7 |
749248AG5 |
76110WXQ4 |
76110WXT8 |
76110WXW1 |
126670NX2 |
126670NY0 |
126670NZ7 |
126670PA0 |
126670QS0 |
126670QT8 |
126670QU5 |
126670QV3 |
12668BBQ5 |
126685CZ7 |
126685DA1 |
126685DB9 |
126685DC7 |
881561W91 |
881561X25 |
8815612T0 |
8815612U7 |
23242EAB5 |
23242EAC3 |
23242EAD1 |
23242EAE9 |
23242EAF6 |
23243NAD0 |
23243NAE8 |
23243NAF5 |
23243NAG3 |
23243NAH1 |
23243NAJ7 |
126684AA7 |
126684AB5 |
126684AC3 |
126684AD1 |
126684AE9 |
126684AF6 |
76110WQA7 |
76110WQB5 |
25152DAB0 |
12666TAA4 |
12666TAB2 |
12666TAC0 |
12666TAD8 |
12666TAE6 |
12666TAF3 |
As these Moratorium Period Policy Claims were not received on or before the end of August 2012, they are not eligible for consideration for payment from the Segregated Account on September 20, 2012. Instead, these Moratorium Period Policy Claims will be evaluated for payment upon receipt of compliant Policy Claims in accordance with the Policy Claim Rules.
In addition, twelve Securities have not had Policy Claims submitted in respect of the period relating to the payment date falling in August 2012 and accordingly will also not be eligible for consideration for payment on September 20, 2012. The twelve Securities are:
CUSIP |
26882JAA4 |
126673KF8 |
126673KQ4 |
126673KN1 |
68620CAA8 |
68620CAB6 |
26882JAC0 |
26882JAD8 |
45667HAB7 |
45667HAC5 |
25152DAB0 |
16678RCC9 |
All other Moratorium Period Policy Claims received on or before August 31, 2012 are currently being evaluated by the Management Services Provider and will either be permitted, pended, disputed or disallowed in accordance with the Policy Claim Rules.
The information in Item 7.01 of this report is being furnished, not filed, pursuant to Regulation FD. Accordingly, the information in Item 7.01 of this report will not be incorporated by reference into any registration statement filed by the Company under the Securities Act of 1934, as amended, unless specifically identified therein as being incorporated therein by reference. The furnishing of the information in this report is not intended to, and does not, constitute a determination or admission by the Company, that the information in this report is material or complete or that investors should consider this information before making an investment decision with respect to any security of the Company or any of its affiliates.
Certain statements in this document and the exhibits are “forward looking statements” within the meaning of the Private Securities Litigation Reform Act. These statements are based on management’s current expectations and are subject to uncertainty and changes in circumstances. Actual results may differ materially from those included in these statements due to a variety of factors. More information about these factors is contained in Ambac’s filings with the Securities and Exchange Commission.
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.
Ambac Financial Group, Inc. | ||
(Registrant) | ||
Dated: September 14, 2012 | ||
By: |
/s/ Stephen Ksenak | |
Stephen Ksenak | ||
General Counsel |