UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, DC 20549
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FORM 8-K/A
Amendment No. 1 to
Current Report
Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934
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Date of Report: October 24, 2003, as amended on November 21, 2003
(Date of earliest event reported)
OWENS CORNING
(Exact name of Registrant as specified in its charter)
Delaware 1-3660 34-4323452
(State or Other Jurisdiction (Commission File Number) (IRS Employer
of Incorporation) Identification No.)
One Owens Corning Parkway
Toledo, Ohio 43659
(Address of principal executive offices, including zip code)
Registrant's telephone number, including area code: (419) 248-8000
ITEM 5. OTHER ITEMS AND REQUIRED FD DISCLOSURE
As previously reported, on October 5, 2000, Owens Corning and certain of its
United States subsidiaries (collectively, the "Debtors") filed voluntary
petitions with the United States Bankruptcy Court for the District of Delaware
(the "Court") seeking relief under Chapter 11 of the United States Bankruptcy
Code.
Also as previously reported:
- On January 17, 2003, the Debtors, together with the Official
Committee of Asbestos Claimants and the Legal Representative for the
class of future asbestos claimants (collectively, the "Proponents"),
filed with the Court a Joint Plan Of Reorganization For Owens Corning
And Its Affiliated Debtors And Debtors-In-Possession.
- On March 28, 2003, the Proponents filed with the Court an Amended
Joint Plan Of Reorganization For Owens Corning And Its Affiliated
Debtors And Debtors-In-Possession (the "First Amended Plan") and a
Disclosure Statement with respect to the First Amended Plan.
- On May 23, 2003, the Proponents filed with the Court a Second Amended
Joint Plan Of Reorganization For Owens Corning And Its Affiliated
Debtors And Debtors-In-Possession (the "Second Amended Plan") and a
Disclosure Statement with respect to the Second Amended Plan.
- On August 8, 2003, the Proponents filed with the Court a Third
Amended Joint Plan Of Reorganization For Owens Corning And Its
Affiliated Debtors And Debtors-In-Possession (the "Third Amended
Plan") and a Disclosure Statement with respect to the Third Amended
Plan.
On October 24, 2003, the Proponents filed with the Court a Fourth Amended
Joint Plan Of Reorganization For Owens Corning And Its Affiliated Debtors And
Debtors-In-Possession (the "Fourth Amended Plan"). A copy of the Fourth
Amended Plan is being filed as Exhibit 2 to this Amendment No. 1 to Current
Report on Form 8-K/A and is incorporated by reference herein.
Also on October 24, 2003, the Proponents filed with the Court a Disclosure
Statement with respect to the Fourth Amended Plan (the "Third Amended
Disclosure Statement"). In a hearing before the Court on October 27, 2003, the
Court requested that the Proponents make certain minor revisions to the Third
Amended Disclosure Statement. The Proponents made such revisions and refiled
the revised Third Amended Disclosure Statement with the Court on November 21,
2003. A copy of the Third Amended Disclosure Statement as revised is being
filed as Exhibit 99 to this Amendment No. 1 to Current Report on Form 8-K/A
and is incorporated by reference herein. The Third Amended Disclosure
Statement as revised has been prepared in accordance with Section 1125 of the
United States Bankruptcy Code and Rule 3016 of the Federal Rules of Bankruptcy
Procedure and not in accordance with federal or state securities laws or other
non-bankruptcy laws or regulations. The Third Amended Disclosure Statement as
revised has not been approved by the Court and is subject to amendment.
ITEM 7. FINANCIAL STATEMENTS, PRO FORMA FINANCIAL INFORMATION AND EXHIBITS
(c) Exhibits.
Exhibit
Number Description
- ------- -----------
2 Fourth Amended Joint Plan Of Reorganization For Owens
Corning And Its Affiliated Debtors And Debtors-In-Possession
99 Disclosure Statement With Respect To Fourth Amended Joint
Plan Of Reorganization For Owens Corning And Its Affiliated
Debtors and Debtors-In-Possession, as revised and refiled
with the Court on November 21, 2003
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, Owens
Corning has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.
OWENS CORNING
Date: November 25, 2003 By: /s/ Stephen K. Krull
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Name: Stephen K. Krull
Title: Senior Vice President,
General Counsel and
Secretary
EXHIBIT INDEX
Exhibit
Number Description
- ------- -----------
2 Fourth Amended Joint Plan Of Reorganization For Owens
Corning And Its Affiliated Debtors And Debtors-In-Possession
99 Disclosure Statement With Respect To Fourth Amended Joint
Plan Of Reorganization For Owens Corning And Its Affiliated
Debtors and Debtors-In-Possession, as revised and refiled
with the Court on November 21, 2003