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): September 29, 2010
BERRY PLASTICS CORPORATION (Exact name of Registrant as specified in its charter) |
Delaware (State of Incorporation) | 033-75706-01 (Commission File Numbers) | 35-1814673 (I.R.S. Employer Identification No.) |
101 Oakley Street Evansville, Indiana (Address of principal executive offices) | (Zip Code) 47710 |
(812) 424-2904 (Registrant’s telephone number, including area code) |
N.A. (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:
| r | Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
| r | Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
| r | Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
| r | Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) |
Table of Additional Guarantors
| Exact Name | Jurisdiction of Organization | Primary Standard Industrial Classification Code Number | I.R.S. Employer Identification No. | Name, Address and Telephone Number of Principal Executive Offices |
| Aerocon, LLC | Delaware | 3089 | 35-1948748 | (a) |
| Berry Iowa, LLC | Delaware | 3089 | 42-1382173 | (a) |
| Berry Plastics Design, LLC | Delaware | 3089 | 62-1689708 | (a) |
| Berry Plastics Technical Services, Inc. | Delaware | 3089 | 57-1029638 | (a) |
| Berry Sterling Corporation | Delaware | 3089 | 54-1749681 | (a) |
| CPI Holding Corporation | Delaware | 3089 | 34-1820303 | (a) |
| Knight Plastics, Inc. | Delaware | 3089 | 35-2056610 | (a) |
| Packerware Corporation | Delaware | 3089 | 48-0759852 | (a) |
| Pescor, Inc. | Delaware | 3089 | 74-3002028 | (a) |
| Poly-Seal, LLC | Delaware | 3089 | 52-0892112 | (a) |
| Venture Packaging, Inc. | Delaware | 3089 | 51-0368479 | (a) |
| Venture Packaging Midwest, Inc. | Delaware | 3089 | 34-1809003 | (a) |
| Berry Plastics Acquisition Corporation III | Delaware | 3089 | 37-1445502 | (a) |
| Berry Plastics Opco, Inc. | Delaware | 3089 | 30-0120989 | (a) |
| Berry Plastics Acquisition Corporation V | Delaware | 3089 | 36-4509933 | (a) |
| Berry Plastics Acquisition Corporation VIII | Delaware | 3089 | 32-0036809 | (a) |
| Berry Plastics Acquisition Corporation IX | Delaware | 3089 | 35-2184302 | (a) |
| Berry Plastics Acquisition Corporation X | Delaware | 3089 | 35-2184301 | (a) |
| Berry Plastics Acquisition Corporation XI | Delaware | 3089 | 35-2184300 | (a) |
| Berry Plastics Acquisition Corporation XII | Delaware | 3089 | 35-2184299 | (a) |
| Berry Plastics Acquisition Corporation XIII | Delaware | 3089 | 35-2184298 | (a) |
| Berry Plastics Acquisition Corporation XV, LLC | Delaware | 3089 | 35-2184293 | (a) |
| Kerr Group, LLC | Delaware | 3089 | 95-0898810 | (a) |
| Saffron Acquisition, LLC | Delaware | 3089 | 94-3293114 | (a) |
| Setco, LLC | Delaware | 3089 | 56-2374074 | (a) |
| Sun Coast Industries, LLC | Delaware | 3089 | 59-1952968 | (a) |
| Cardinal Packaging, Inc. | Ohio | 3089 | 34-1396561 | (a) |
| Covalence Specialty Adhesives LLC | Delaware | 2672 | 20-4104683 | (a) |
| Covalence Specialty Coatings LLC | Delaware | 2672 | 20-4104683 | (a) |
| Caplas LLC | Delaware | 3089 | 20-3888603 | (a) |
| Caplas Neptune, LLC | Delaware | 3089 | 20-5557864 | (a) |
| Captive Holdings, Inc. | Delaware | 3089 | 20-1290475 | (a) |
| Captive Plastics, Inc. | New Jersey | 3089 | 22-1890735 | (a) |
| Grafco Industries Limited Partnership | Maryland | 3089 | 52-1729327 | (a) |
| Rollpak Acquisition Corporation | Indiana | 3089 | 03-0512845 | (a) |
| Rollpak Corporation | Indiana | 3089 | 35-1582626 | (a) |
| Pliant Corporation | Delaware | 2673 | 43-2107725 | (a) |
| Pliant Corporation International | Utah | 2673 | 87-0473075 | (a) |
| Pliant Film Products of Mexico, Inc. | Utah | 2673 | 87-0500805 | (a) |
| Pliant Packaging of Canada, LLC | Utah | 2673 | 87-0580929 | (a) |
| Uniplast Holdings Inc. | Delaware | 2673 | 13-3999589 | (a) |
| Uniplast U.S., Inc. | Delaware | 2673 | 04-3199066 | (a) |
| Superfos Packaging, Incorporated | Virginia | | 52-1444795 | |
(a) 101 Oakley Street, Evansville, IN 47710
| Item 5.02. | Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers. |
On September 24, 2010, Berry Plastics Corporation (the “Company”) announced that Ira G. Boots has decided to retire as Chairman of the Board and Chief Executive Officer of the Company, and that Dr. Jonathan Rich, President and Chief Executive Officer of Momentive Performance Materials, will replace Mr. Boots, effective October 4, 2010. A copy of the press release announcing the appointment of Dr. Rich as Chairman and Chief Executive Officer and Mr. Boot’s retirement is attached as Exhibit 99.1 to this Current Report on Form 8-K.
Dr. Rich, age 55, joins the Company from Momentive Performance Materials where he was President, CEO and a member of the Board of Directors. Prior to Momentive, Dr. Rich held executive positions at Goodyear Tire and Rubber including President of Goodyear North American Tire and President of Goodyear Chemical. Dr. Rich began his career at General Electric in 1982 where he was employed for nearly 20 years in a variety of R&D, operational and executive roles. Dr. Rich has a Bachelor of Science degree in Chemistry from Iowa State University, and a PhD in Chemistry from the University of Wisconsin.
Item 9.01 Financial Statements and Exhibits.
(d) Exhibits.
The following exhibits are filed herewith.
| Exhibit No. | Description |
| 99.1 | Press Release, dated September 24, 2010 |
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.
| | | BERRY PLASTICS CORPORATION |
| | | |
| | Date: September 29, 2010 | By: | /s/ James M. Kratochvil | |
| | | Name: James M. Kratochvil Title: Executive Vice President, Chief Financial Officer, Treasurer and Secretary |
| | | |
EXHIBIT INDEX
The following exhibits are filed herewith.
| Exhibit No. | Description |
| 99.1 | Press Release dated September 24, 2010 |
| | |
