UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 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) November 7, 2009
Six Flags, Inc.
(Exact Name of Registrant as Specified in Its Charter)
Delaware
(State or Other Jurisdiction of Incorporation)
1-13703 | | 13-3995059 |
(Commission File Number) | | (IRS Employer Identification No.) |
| | |
1540 Broadway, 15th Floor | | |
New York, New York | | 10036 |
(Address of Principal Executive Offices) | | (Zip Code) |
(212) 652-9403
(Registrant’s Telephone Number, Including Area Code)
(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):
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 7.01 Regulation FD Disclosure.
A copy of relevant portions of a slide presentation that Six Flags, Inc. (the “Company”) previously presented to certain creditors pursuant to a confidentiality agreement (the confidentiality obligations under such agreement terminate in connection with the Filing (as defined in Item 8.01 below)) is attached to this Current Report on Form 8-K (“Current Report”) as Exhibit 99.1 and is incorporated herein solely for purposes of this Item 7.01 disclosure. Additionally, the Company has posted such slides on its website at www.sixflags.com under the “Corporate — Investor Presentations” section.
The information in this Current Report, including the exhibit attached hereto, is being furnished and shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or otherwise subject to the liabilities of such section. The information in this Current Report, including the exhibit, shall not be incorporated by reference into any filing under the Securities Act of 1933, as amended or the Exchange Act, regardless of any incorporation by reference language in any such filing. This Current Report will not be deemed an admission as to the materiality of any information in this Current Report that is required to be disclosed solely by Regulation FD.
Item 8.01 Other Events.
As previously disclosed, the Company, Six Flag Operations Inc. (“SFO”) and Six Flags Theme Parks Inc. (“SFTP”) and certain of SFTP’s domestic subsidiaries (collectively with the Company, SFO and SFTP, the “Debtors”) filed a voluntary petition for relief under chapter 11 of the United States Bankruptcy Code (the “Bankruptcy Code”), in the United States Bankruptcy Court for the District of Delaware (the “Bankruptcy Court”) (Case No. 09-12019). On November 7, 2009, the Debtors filed with the Bankruptcy Court (the “Filing”) a disclosure statement (the “Disclosure Statement”) and a second amended joint plan of reorganization under chapter 11 of the Bankruptcy Code (the “Plan”). A copy of the Disclosure Statement with the Plan attached as an exhibit thereto as filed with the Bankruptcy Court is posted on the Company’s website at www.sixflags.com under the “Corporate — Investor Relations — Overview” section.
Bankruptcy law does not permit solicitation of acceptances of a plan of reorganization until the bankruptcy court approves the disclosure statement relating to such plan. Accordingly, this announcement is not intended to be, nor should it be construed as, a solicitation for a vote on the Plan.
Item 9.01 Financial Statements and Exhibits.
(d) Exhibits
99.1 Slide Presentation
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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.
| | SIX FLAGS, INC. |
| | |
| | |
| | By: | /s/ James M. Coughlin |
| | | Name: James M. Coughlin |
| | | Title: General Counsel |
Date: November 7, 2009
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EXHIBIT INDEX
Exhibit No. | | Description |
99.1 | | Slide Presentation |
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