8-K 1 soco8k2009b.htm SOUTHERN COMPANY 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)                       October 19, 2009 

 

Commission

File Number

Registrant, State of Incorporation,

Address and Telephone Number

I.R.S. Employer

Identification No.

 

 

 

1-3526

The Southern Company

(A Delaware Corporation)

30 Ivan Allen Jr. Blvd., N.W.

Atlanta, Georgia 30308

(404) 506-5000

58-0690070

 

The name and address of the registrant have not changed since the 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:

 

o

Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

o

Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

o

Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

o

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 October 19, 2009, The Southern Company (“Southern”) entered into an Underwriting Agreement covering the issue and sale of $300,000,000 aggregate principal amount of its Series 2009B Floating Rate Senior Notes due October 21, 2011 (the “Senior Notes”). The Senior Notes were registered under the Securities Act of 1933, as amended (the “Securities Act”), pursuant to the shelf registration statement (Registration Statement No. 333-159072) of Southern.

Item 9.01.

Financial Statements and Exhibits.

 

(c) Exhibits

 

 

1.2

Underwriting Agreement relating to the Senior Notes, dated October 19, 2009, among Southern and Deutsche Bank Securities Inc. and RBS Securities Inc., as representatives of the several Underwriters.

 

 

4.2

Fifth Supplemental Indenture to the Senior Note Indenture dated as of October 22, 2009, providing for the issuance of the Senior Notes.

 

 

4.8

Form of Senior Note (included in Exhibit 4.2 above).

 

 

5.1

Opinion of Troutman Sanders LLP relating to the Senior Notes.

 

 

12.1

Computation of ratio of earnings to fixed charges.

 

 

 

SIGNATURE

 

Pursuant to the requirements of the Securities Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 

Date: October 22, 2009

THE SOUTHERN COMPANY

 


By           /s/ Melissa K. Caen                
                       Melissa K. Caen
                    Assistant Secretary