-----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, UADwXvqEQ89Rujf7Ur3X/E4z5SPf4PKepqo5JgeQblyjQ3MeCv3rPhGyL3/K8goO lHx9M59X63TwMxOBNGNH9g== 0001275287-06-000463.txt : 20060130 0001275287-06-000463.hdr.sgml : 20060130 20060127202704 ACCESSION NUMBER: 0001275287-06-000463 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20060127 ITEM INFORMATION: Other Events ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20060130 DATE AS OF CHANGE: 20060127 FILER: COMPANY DATA: COMPANY CONFORMED NAME: STILLWATER MINING CO /DE/ CENTRAL INDEX KEY: 0000931948 STANDARD INDUSTRIAL CLASSIFICATION: MISCELLANEOUS METAL ORES [1090] IRS NUMBER: 810480654 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-13053 FILM NUMBER: 06559810 BUSINESS ADDRESS: STREET 1: 1321 DISCOVERY DRIVE CITY: BILLINGS STATE: MT ZIP: 59102 BUSINESS PHONE: 406.373.8700 MAIL ADDRESS: STREET 1: 1321 DISCOVERY DRIVE CITY: BILLINGS STATE: MT ZIP: 59102 8-K 1 sm4635.txt FORM 8K ================================================================================ 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): January 27, 2006 STILLWATER MINING COMPANY (Exact name of registrant as specified in its charter) Delaware 1-13053 81-0480654 - ---------------------------- ------------ ------------------- (State or Other Jurisdiction (Commission (IRS Employer of Incorporation) File Number) Identification No.) 1321 Discovery Drive, Billings, Montana 59102 ---------------------------------------- ---------- (Address of Principal Executive Offices) (Zip Code) Registrant's telephone number, including area code (406) 373-8700 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 (see General Instruction A.2. below): [ ] 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 January 27, 2006 Stillwater Mining Company issued a press release announcing that it had identified miscellaneous metal sales receivables that may be uncollectible. The Company anticipates this will likely result in a charge of up to $3 million to earnings in 2005. The Press Release is attached hereto as Exhibit 99.1 and is incorporated herein by reference. ITEM 9.01 FINANCIAL STATEMENTS AND EXHIBITS (d) Exhibits. EXHIBIT 99.1 Press Release dated January 27, 2006 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. STILLWATER MINING COMPANY Dated: January 27, 2006 By: /s/ John Stark ------------------- Name: John Stark Title: Vice President EXHIBIT INDEX NUMBER TITLE - ------ --------------------------------------------------------------------- 99.1 Press release issued on January 9, 2006 by Stillwater Mining Company. EX-99.1 2 sm4635ex991.txt EXHIBIT 99.1 EXHIBIT 99.1 FOR IMMEDIATE RELEASE: January 27, 2006 CONTACT: John W. Pearson 406-373-8742 STILLWATER MINING REPORTS POTENTIAL CHARGE TO EARNINGS BILLINGS, MONTANA, - STILLWATER MINING COMPANY (NYSE:SWC) announced today that it has identified miscellaneous metal sales receivables that may be uncollectible. The Company's major commercial agreements are not involved. The Company anticipates this will likely result in a charge of up to $3 million to earnings in 2005. The Company's internal auditors have reviewed control deficiencies associated with this matter and it is expected the Company will be reporting one or more material weaknesses in internal controls over financial reporting in connection with its year-end review in accordance with Section 404 of the Sarbanes-Oxley Act of 2002. The Company is in the process of modifying its contract administration processes and strengthening accounting controls over miscellaneous metal purchases and sales to remedy these deficiencies. Testing of the effectiveness of these new controls is not expected to be completed until the end of the first quarter of 2006. Additional discussion of the company's remediation efforts will be included in the forthcoming Annual Report on Form 10-K for 2005. Stillwater Mining Company is the only U.S. producer of palladium and platinum and is the largest primary producer of platinum group metals outside of South Africa and Russia. The Company's shares are traded on the New York Stock Exchange under the symbol SWC. Information on Stillwater Mining can be found at its Web site: www.stillwatermining.com. Some statements contained in this news release are forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended, and, therefore, involve uncertainties or risks that could cause actual results to differ materially. These statements may contain words such as "believes," "anticipates," "plans," "expects," "intends," "estimates" or similar expressions. These statements are not guarantees of the Company's future performance and are subject to risks, uncertainties and other important factors that could cause our actual performance or achievements to differ materially from those expressed or implied by these forward-looking statements. Such statements include, but are not limited to, comments regarding expansion plans, costs, grade, production and recovery rates, permitting, financing needs, the terms of future credit facilities and capital expenditures, increases in processing capacity, cost reduction measures, safety, timing for engineering studies, and environmental permitting and compliance, litigation and the palladium and platinum market. Additional information regarding factors which could cause results to differ materially from management's expectations is found in the section entitled "Risk Factors" above in the Company's 2004 Annual Report on Form 10-K. The Company intends that the forward-looking statements contained herein be subject to the above-mentioned statutory safe harbors. Investors are cautioned not to rely on forward-looking statements. The Company disclaims any obligation to update forward-looking statements. # # # -----END PRIVACY-ENHANCED MESSAGE-----