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): April 22, 2009
ENCORE ACQUISITION COMPANY
(Exact name of registrant as specified in its charter)
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| Delaware | | 001-16295 | | 75-2759650 |
| (State or other jurisdiction | | (Commission | | (IRS Employer |
| of incorporation) | | File Number) | | Identification No.) |
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| 777 Main Street, Suite 1400, Fort Worth, Texas | | 76102 |
| (Address of principal executive offices) | | (Zip Code) |
Registrant’s telephone number, including area code:(817) 877-9955
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:
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| o | | Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
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| o | | Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
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| o | | Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
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| o | | Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) |
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| ITEM 7.01 | | REGULATION FD DISCLOSURE |
On April 22, 2009, Encore Acquisition Company, a Delaware corporation (“EAC”), issued a press release announcing that, subject to market and other conditions, it intends to offer senior subordinated notes due 2016 in an underwritten public offering under EAC’s existing shelf registration statement. EAC intends to use the net proceeds from the offering to repay outstanding borrowings under its revolving credit facility. A copy of the press release is attached as Exhibit 99.1 and incorporated herein by reference.
The information being furnished pursuant to Item 7.01 of this Form 8-K and in Exhibit 99.1 shall not be deemed to be “filed” for the purposes of Section 18 of the Securities Exchange Act of 1934 (the “Exchange Act”) or otherwise subject to the liabilities of that section, nor shall it be incorporated by reference into a filing under the Securities Act of 1933, or the Exchange Act, except as shall be expressly set forth by specific reference in such a filing.
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| ITEM 9.01 | | FINANCIAL STATEMENTS AND EXHIBITS |
The exhibit listed below is being furnished pursuant to Item 7.01 of this Form 8-K:
| | 99.1 | | Press Release dated April 22, 2009 regarding offering of notes. |
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 hereunto duly authorized.
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| | ENCORE ACQUISITION COMPANY
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| Date: April 22, 2009 | By: | /s/ Andrea Hunter | |
| | | Andrea Hunter | |
| | | Vice President, Controller, and Principal Accounting Officer | |
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INDEX TO EXHIBITS
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| Exhibit No. | | Description |
| 99.1 | | Press Release dated April 22, 2009 regarding offering of notes. |
