Delaware | 23-3058564 | |
(State or other jurisdiction of | (IRS Employer | |
incorporation) | Identification No.) |
[ ] 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))
Information to be included in the report
On April 3, 2006, the Bankruptcy Court ruled that the Exide name will revert back to Exide Technologies, subject to a two year transition period "to mitigate any potential damage and business disruption" that EnerSys may suffer as a result of the Bankruptcy Court's decision and has scheduled a hearing to create a plan to carry out the transition.
EnerSys respectfully disagrees with the Bankruptcy Court's decision for exclusive use of the Exide name in the industrial battery market to revert back to Exide Technologies and is presently reviewing its alternatives, including seeking to stay and appeal the Bankruptcy Court's order to the United States District Court for the District of Delaware.
In any ev ent, as previously disclosed, assuming that the details of a transition plan which the Bankruptcy Court and the parties fashion is reasonable, the Company believes that the reversion of the Exide name to Exide Technologies should not have a material adverse effect on its financial condition or results of operations.
EnerSys | ||||||||
Date: April 07, 2006 | By: | /s/ Michael T. Philion | ||||||
Michael T. Philion | ||||||||
Executive Vice President - Finance and Chief Financial Officer | ||||||||