UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 of the
Securities Exchange Act of 1934
Date of Report (Date of earliest event reported): November 30, 2004
Discover Card Master Trust I
| Delaware | 0-23108 | 51-0020270 | ||
| (State of | (Commission | (IRS Employer | ||
| Organization) | File Number) | Identification No.) |
| c/o Discover Bank | ||||
| 12 Read’s Way | ||||
| New Castle, Delaware | 19720 | |||
| (Address of principal executive offices) | (Zip Code) | |||
Registrant’s Telephone Number, including area code:(302) 323-7434
Former name or former address, if changed since last report: Not Applicable
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:
| 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 8.01Other Events
On November 30, 2004 the registrant made available to investors a prospectus supplement, dated November 18, 2004, and prospectus, dated November 18, 2004, with respect to the issuance of $1,250,000,000 aggregate principal amount of Series 2004-2 Floating Rate Class A, Subseries 1 Credit Card Pass-Through Certificates, $65,790,000 aggregate principal amount of Series 2004-2 Floating Rate Class B, Subseries 1 Credit Card Pass-Through Certificates, $500,000,000 aggregate principal amount of Series 2004-2 Floating Rate Class A, Subseries 2 Credit Card Pass-Through Certificates, and $26,316,000 aggregate principal amount of Series 2004-2 Floating Rate Class B, Subseries 2 Credit Card Pass-Through Certificates of Discover Card Master Trust I (the “Trust”) pursuant to the Amended and Restated Pooling and Servicing Agreement, dated as of November 3, 2004, between Discover Bank (formerly Greenwood Trust Company) (“Discover”) as Master Servicer, Servicer and Seller and U.S. Bank National Association (formerly First Bank National Association, successor trustee to Bank of America Illinois, formerly Continental Bank, National Association) as Trustee, and the Series Supplement for Series 2004-2, to be dated as of December 2, 2004, between Discover Bank as Master Servicer, Servicer and Seller and U.S. Bank National Association as Trustee.
In connection with the issuance of Series 2004-2, Latham & Watkins LLP, counsel to Discover and the Trust, has delivered (i) an opinion to Discover (as originator of the Trust), dated November 30, 2004, regarding the legality of the Series 2004-2 Floating Rate Class A, Subseries 1 Credit Card Pass-Through Certificates, the Series 2004-2 Floating Rate Class B, Subseries 1 Credit Card Pass-Through Certificates, the Series 2004-2 Floating Rate Class A, Subseries 2 Credit Card Pass-Through Certificates, and the Series 2004-2 Floating Rate Class B, Subseries 2 Credit Card Pass-Through Certificates upon issuance and sale thereof on December 2, 2004; and (ii) an opinion to Discover (as originator of the Trust), dated November 30, 2004, as to certain federal tax matters concerning the Series 2004-2 Floating Rate Class A, Subseries 1 Credit Card Pass-Through Certificates, the Series 2004-2 Floating Rate Class B, Subseries 1 Credit Card Pass-Through Certificates, the Series 2004-2 Floating Rate Class A, Subseries 2 Credit Card Pass-Through Certificates and the Series 2004-2 Floating Rate Class B, Subseries 2 Credit Card Pass-Through Certificates. A copy of the opinion as to legality is attached as Exhibit 5, and the opinion as to certain tax matters is attached as Exhibit 8.
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| Item 9.01 | Exhibits | |
Exhibit No. | Description | |
| Exhibit 5 | Opinion of Latham & Watkins LLP. | |
| Exhibit 8 | Opinion of Latham & Watkins LLP as to certain federal tax matters concerning the Class A Certificates and Class B Certificates of Series 2004-2. | |
| Exhibit 23 | Consent of Latham & Watkins LLP (included in Exhibit 5). |
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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 thereunto duly authorized.
Discover Card Master Trust I
By: Discover Bank
Date: November 30, 2004
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INDEX TO EXHIBITS
Exhibit No. | Description | |
| Exhibit 5 | Opinion of Latham & Watkins LLP. | |
| Exhibit 8 | Opinion of Latham & Watkins LLP as to certain federal tax matters concerning the Class A and Class B Certificates of Series 2004-2. | |
| Exhibit 23 | Consent of Latham & Watkins LLP (included in Exhibit 5). |
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