Document/Exhibit Description Pages Size
1: 8-K Cmi Industries, Inc. 3 15K
2: EX-99.1 Press Release Dated November 27, 2001 2 13K
3: EX-99.2 Joint Chapter 11 Plan of Reorganization 38 144K
4: EX-99.3 Disclosure Statement 65 319K
5: EX-99.4 Loan & Security Agreement 80 290K
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 8-K
CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(D) OF THE
SECURITIES EXCHANGE ACT OF 1934
COMMISSION FILE NUMBER 33-67854
DATE OF REPORT (DATE OF EARLIEST EVENT REPORTED) NOVEMBER 26, 2001
CMI INDUSTRIES, INC.
------------------------------------------------------
(EXACT NAME OF REGISTRANT AS SPECIFIED IN ITS CHARTER)
DELAWARE 57-0836097
--------------------------------------------------------------------------------
(STATE OR OTHER JURISDICTION OF (I.R.S. EMPLOYER
INCORPORATION OR ORGANIZATION) IDENTIFICATION NO.)
1301 GERVAIS STREET, SUITE 700, COLUMBIA, SOUTH CAROLINA 29201
--------------------------------------------------------------------------------
(ADDRESS OF PRINCIPAL EXECUTIVE OFFICES)
(REGISTRANT'S TELEPHONE NUMBER, INCLUDING AREA CODE) (803) 771-4434
NOT APPLICABLE
--------------------------------------------------------------------------------
(FORMER NAME, FORMER ADDRESS AND FORMAL FISCAL YEAR, IF CHANGED SINCE LAST
REPORT)
ITEM 3. BANKRUPTCY OR RECEIVERSHIP.
On November 27, 2001, CMI Industries, Inc. (the "Company") issued a
press release announcing that on November 26th, the Company and all of its
subsidiaries filed voluntary petitions under chapter 11 of the United States
Bankruptcy Code with the United States Bankruptcy Court for the District of
Delaware (the "Bankruptcy Court"). The press release is attached hereto as
Exhibit 99.1 and the information contained therein is incorporated herein by
reference.
On November 26, 2001, the Company and an informal committee of holders
of the Company's 9 1/2% senior subordinated notes due 2003 (the "Noteholder
Committee") filed with the Bankruptcy Court a joint Plan of Reorganization (the
"Reorganization Plan"). The Reorganization Plan is attached hereto as Exhibit
99.2 and the information contained therein is incorporated herein by reference.
Also on November 26, 2001, the Company and the Noteholder Committee
filed a Disclosure Statement pursuant to Section 1125 of the United States
Bankruptcy Code (the "Disclosure Statement") with the Bankruptcy Court. The
Disclosure Statement is attached hereto as Exhibit 99.3 and the information
contained therein is incorporated herein by reference.
On November 29, 2001, the Company and Elastic Fabrics of America, LLC
("Elastics"), the Company's only operating subsidiary, entered into a $10.0
million debtor in possession secured financing facility (the "DIP Facility")
provided by Fleet Capital Corporation. The Post-Petition Loan and Security
Agreement (the "Loan Agreement"), dated November 29, 2001, is attached hereto as
Exhibit 99.4 and the information contained therein is incorporated herein by
reference.
On November 29, 2001, the Bankruptcy Court (i) approved the DIP
Facility; (ii) entered an order authorizing the payment of any and all
pre-petition claims incurred by Elastics; (iii) entered an order authorizing the
payment of pre-petition and post-petition employee obligations, including wages,
salary, and bonuses; and (iv) entered an order approving and allowing the
Company and Elastics to honor and assume certain management retention agreements
with key executives of the Company and Elastics.
The foregoing summaries do not purport to be complete and are qualified
in their entirety by reference to the exhibits attached hereto and incorporated
herein by reference.
ITEM 7. FINANCIAL STATEMENTS, PRO FORMA FINANCIAL INFORMATION AND EXHIBITS.
(a) and (b) not applicable.
(c) Exhibits.
-2-
99.1 Press Release issued by CMI Industries, Inc., dated November
27, 2001.
99.2 Joint Chapter 11 Plan of Reorganization of CMI Industries,
Inc. and its Affiliated Debtors, dated November 26, 2001.
99.3 Disclosure Statement Pursuant to Section 1125 of the
Bankruptcy Code with Respect to the Joint Plan of
Reorganization of CMI Industries, Inc., Elastic Fabrics of
America, LLC, Chatham Real Properties, Inc., Chatham Fabrics,
LLC, Chatham Holdings Corporation, and Chatham Land
Corporation under Chapter 11 of the Bankruptcy Code, dated
November 26, 2001.
99.4 Loan and Security Agreement by and among CMI Industries, Inc.,
Elastic Fabrics of America, LLC, and Fleet Capital
Corporation, dated November 29, 2001.
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.
CMI INDUSTRIES, INC.
Date: December 4, 2001 By: /s/ JAMES A. OVENDEN
------------------------------
James A. Ovenden
Senior Vice President and
Chief Financial Officer
-3-
Dates Referenced Herein and Documents Incorporated by Reference
| Referenced-On Page |
|---|
| This ‘8-K’ Filing | | Date | | First | | Last | | | Other Filings |
|---|
| |  |
| Filed on: | | 12/4/01 | | 3 | | | | | None on these Dates |
| | 11/29/01 | | 2 | | 3 |
| | 11/27/01 | | 2 | | 3 |
| For Period End: | | 11/26/01 | | 1 | | 3 |
| List all Filings |
↑Top
Filing Submission 0000950144-01-509759 – Alternative Formats (Word / Rich Text, HTML, Plain Text, et al.)
Copyright © 2024 Fran Finnegan & Company LLC – All Rights Reserved.
About — Privacy — Redactions — Help —
Tue., Apr. 30, 10:42:52.1pm ET 