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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): APRIL 29, 2005
DURA AUTOMOTIVE SYSTEMS, INC.
(EXACT NAME OF REGISTRANT AS SPECIFIED IN ITS CHARTER)
DELAWARE 000-21139 38-3185711
(State or other jurisdiction (Commission File Number) (IRS Employer
of incorporation) Identification No.)
2791 RESEARCH DRIVE, ROCHESTER HILLS, MICHIGAN 48309
(Address of Principal Executive Offices, including Zip Code)
(248) 299-7500
(Registrant's Telephone Number, Including Area Code)
NOT APPLICABLE
(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:
[ ] Written communications pursuant to Rule 425 under the Securities Act (17
CFR 230.425)
[ ] 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)
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ITEM 1.01 ENTRY INTO A MATERIAL DEFINITIVE AGREEMENT.
On April 30, 2005, Mr. David Bovee, the Company's former Chief Financial Officer
retired. In connection therewith, on April 29, 2005 the Company and its wholly
owned subsidiary, Dura Operating Corp. (collectively, Dura), entered into the
2003 Supplemental Executive Retirement Plan Change of Control Agreement (the
"Agreement") with Mr. Bovee. Mr. Bovee is a participant under the Dura
Automotive Systems, Inc. 2003 Supplemental Executive Retirement Plan (the
"SERP"), and the Agreement provides that Dura must pay to Mr. Bovee within 30
days of a Change of Control (as defined in the Agreement) a lump sum benefit
payment equal to the total amount he was entitled to receive under the SERP as
of the date of the Change of Control. This Agreement also terminated the Change
of Control Agreement dated as of June 16, 2004 between Mr. Bovee and Dura.
In addition, on April 29, 2005, the Company entered into an agreement with Mr.
Bovee to amend his existing stock option agreements to extend the period within
which the options may be exercised. The amendment to the stock option agreements
were effective upon Mr. Bovee's retirement on April 30, 2005.
ITEM 9.01. FINANCIAL STATEMENTS AND EXHIBITS.
(a) None
(b) None
(c) Exhibits
99.1 2003 Supplemental Executive Retirement Plan Change of Control
Agreement.
99.2 Amendment to Stock Option Agreements.
SIGNATURES
According 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 on May 5, 2005.
Dura Automotive Systems, Inc.
/s/ Keith R. Marchiando
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Date: May 5, 2005 By: Keith R. Marchiando
Its: Vice President, Chief Financial Officer
(principal accounting and financial officer)
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INDEX TO EXHIBITS
EXHIBIT NO. DESCRIPTION
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99.1 2003 Supplemental Executive Retirement Plan Change of Control Agreement.
99.2 Amendment to Stock Option Agreements.
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