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 28, 2005
Atrium Companies, Inc.
(Exact name of registrant as specified in its charter)
Delaware |
333-20095 |
75-2642488 |
(State or other jurisdiction of incorporation) |
(Commission File Number) |
(IRS Employer Identification No.) |
3890 West Northwest Highway, Suite 500, Dallas, TX |
75220 |
Registrant’s telephone number, including area code: (214) 630-5757
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 7.01 | Regulation FD Disclosure |
Effective October 28, 2005, the Company obtained an extension of existing waivers of certain events of default from a majority of its senior lenders under the Company’s senior credit facility (the "Credit Agreement") and from the lender under the Company's accounts receivable securitization facility (the "A/R Facility"), which waivers will extend until November 10, 2005. The events of default, among other things, relate to the Company's failure, due to ongoing procedures being performed for the restatement of the Company's 2003 financial statements and the audit of its 2004 financial statements, to deliver within the time periods prescribed under the Credit Agreement and under the A/R Facility the Company's audited financial statements for 2004 and its unaudited financial statements for the first and second quarters of 2005.
SIGNATURE
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.
| ATRIUM COMPANIES, INC. |
Date: October 28, 2005 |
| |
| By: /s/ Philip J. Ragona | |
Name: Philip J. Ragona
Title: Senior Vice President and General Counsel
