0001193125-13-476737.txt : 20131218 0001193125-13-476737.hdr.sgml : 20131218 20131218061533 ACCESSION NUMBER: 0001193125-13-476737 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20131216 ITEM INFORMATION: Other Events FILED AS OF DATE: 20131218 DATE AS OF CHANGE: 20131218 FILER: COMPANY DATA: COMPANY CONFORMED NAME: STEWART ENTERPRISES INC CENTRAL INDEX KEY: 0000878522 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-PERSONAL SERVICES [7200] IRS NUMBER: 720693290 STATE OF INCORPORATION: LA FISCAL YEAR END: 1031 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-15449 FILM NUMBER: 131283904 BUSINESS ADDRESS: STREET 1: 1333 SOUTH CLEARVIEW PARKWAY CITY: JEFFERSON STATE: LA ZIP: 70121 BUSINESS PHONE: 5047291400 MAIL ADDRESS: STREET 1: 1333 SOUTH CLEARVIEW PARKWAY CITY: JEFFERSON STATE: LA ZIP: 70121 8-K 1 d646852d8k.htm FORM 8-K 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): December 16, 2013

 

 

STEWART ENTERPRISES, INC.

(Exact name of registrant as specified in its charter)

 

 

 

LOUISIANA   1-15449   72-0693290

(State or other jurisdiction

of incorporation)

  

(Commission

File Number)

  

(I.R.S. Employer

Identification No.)

 

1333 South Clearview Parkway

Jefferson, Louisiana

   70121
(Address of principal executive offices)   (Zip Code)

(504) 729-1400

(Registrant’s telephone number, including area code)

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 obligations 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 July 17, 2013, Stewart Enterprises, Inc. (“Stewart”) and Service Corporation International (“SCI”) each announced that they had received a request for additional information, commonly referred to as a “second request,” from the Federal Trade Commission (the “FTC”) in connection with SCI’s pending acquisition of Stewart. The second request extended the waiting period to consummate the proposed acquisition under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 until the 30th day after substantial compliance by SCI and Stewart with the request, unless that period is extended voluntarily by the parties or terminated sooner by the FTC. On September 3, 2013, Stewart and SCI entered into an agreement (the “Timing Agreement”) with the FTC not to consummate the proposed acquisition prior to 90 days after both SCI and Stewart certify substantial compliance with the second requests, or December 13, 2013, whichever comes earlier. The December 13, 2013 date referenced in the preceding sentence was (i) changed to be December 20, 2013 pursuant to an amendment to the Timing Agreement effective October 30, 2013, and (ii) further changed to be 12:01 am on December 23, 2013 pursuant to a second amendment to the Timing Agreement effective December 16, 2013 (as amended, the “Amended Timing Agreement”). The Amended Timing Agreement does not prevent the parties from consummating the proposed acquisition sooner if the FTC grants early termination, closes its investigation or accepts for public comment a proposed consent agreement settling the matter. Stewart and SCI anticipate that the acquisition will be completed in late 2013.

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.

 

  STEWART ENTERPRISES, INC.
December 18, 2013  

/s/ Angela M. Lacour

 

Angela M. Lacour

Senior Vice President of Finance

and Chief Accounting Officer