APU » Topics » Item 8.01 Other Events.

This excerpt taken from the APU 8-K filed Jun 9, 2009.

Item 8.01 Other Events.

AmeriGas Propane, Inc., the general partner of AmeriGas Partners, L.P. (the "Registrant"), has been named as a defendant in two consumer class action complaints filed respectively on May 27, 2009 (the "California Complaint") and June 4, 2009 (the "Federal Complaint") challenging the Registrant’s price disclosure with regard to its portable propane grill cylinders.

The California Complaint was filed in the Superior Court of the State of California and also names Blue Rhino Corporation, an unaffiliated entity, as a defendant. This complaint purports to be brought on behalf of a class of all AmeriGas and Blue Rhino consumers in the state of California during the four years prior to the California Complaint, who exchanged an empty cylinder and were provided with what is alleged to be only a partially-filled cylinder. The California plaintiffs seek restitution, injunctive relief, interest, costs, attorneys fees and other appropriate relief.

The Federal Complaint was filed in federal district court in San Francisco and, in addition to AmeriGas Propane, Inc., names the Registrant and Ferrellgas Partners, L.P., as defendants. This complaint purports to be brought on behalf of a nationwide class defined as "[a]ll purchasers of liquefied propane gas cylinders marketed or sold by AmeriGas and Blue Rhino nationwide from January 1, 2008 to the present." The Federal Complaint claims that defendants’ conduct constituted an unfair and deceptive practice that proximately injured consumers and violated the consumer protection statutes of thirty-seven states and the District of Columbia, thereby entitling the class to damages, restitution, disgorgement, injunctive relief, costs and attorneys fees. The Federal Complaint also alleges that defendants were unjustly enriched by their conduct and seeks restitution of any unjust benefits received. In addition, these plaintiffs are seeking punitive or treble damages, and pre-judgment and post-judgment interest.

The Registrant is investigating these claims and intends to vigorously defend the lawsuits. Any judgment or settlement of the claims could have a material adverse impact on the Registrant's results of operations.






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.

         
    AmeriGas Partners, L.P.
          
June 9, 2009   By:   Jerry E. Sheridan
       
        Name: Jerry E. Sheridan
        Title: Vice President-Finance and Chief Financial Officer of AmeriGas Propane, Inc., the General Partner of AmeriGas Partners, L.P.
This excerpt taken from the APU 8-K filed Feb 23, 2007.

Item 8.01 Other Events.

On February 22, 2007, AmeriGas Propane, Inc., general partner of AmeriGas Partners, L.P., announced that it signed a definitive agreement to sell the Partnership's Bumstead liquefied petroleum gas (LPG) storage terminal located near Phoenix, AZ to Plains LPG Services, L.P. A copy of the press release is furnished as Exhibit 99 to this report and is incorporated herein by reference.





This excerpt taken from the APU 8-K filed Oct 24, 2006.

Item 8.01 Other Events.

In the October 24, 2006 press release, AmeriGas Propane, Inc. also announced earnings guidance for the Partnership for the fiscal year ending September 30, 2007. A copy of the press release is furnished as Exhibit 99 to this report and is incorporated herein by reference.





This excerpt taken from the APU 8-K filed Sep 9, 2005.

Item 8.01 Other Events.

On September 7, 2005, AmeriGas Partners, L.P., a Delaware limited partnership (the "Partnership"), AmeriGas Propane, L.P., a Delaware limited partnership, AmeriGas Propane, Inc., a Pennsylvania corporation and the general partner of the Partnership and AmeriGas Propane, L.P., AmeriGas Eagle Propane, L.P., a Delaware limited partnership, and AmeriGas Eagle Holdings, Inc., a Delaware corporation and the general partner of AmeriGas Eagle Propane, L.P., entered into an underwriting agreement, attached as Exhibit 1.1 hereto, with Citigroup Global Markets Inc. and Wachovia Capital Markets, LLC, as representatives of the several underwriters, with respect to the issue and sale by the Partnership of up to 2,645,000 common units (including an option to purchase up to 345,000 common units to cover over-allotments) representing limited partner interests in the Partnership (the "Units") in an underwritten public offering (the "Offering"). The Units sold in the Offering were registered under the Securities Act of 1933, as amended, pursuant to the Partnership's shelf registration statement on Form S-3 (File No. 333-110425). The closing of the Offering is expected to occur on September 13, 2005.

In addition, the Partnership issued a press release on September 7, 2005 announcing the pricing of the Units. A copy of the press release is attached hereto as Exhibit 99.1.





This excerpt taken from the APU 8-K filed Apr 14, 2005.

Item 8.01. Other Events.

On April 12, 2005, AmeriGas Propane, Inc. issued a press release pursuant to Rule 135c under the Securities Act of 1933, as amended, announcing the proposed private placement of senior notes by the Company and AmeriGas Finance Corp., a Delaware corporation and a wholly-owned subsidiary of the Company. A copy of the press release is attached hereto as Exhibit 99.2





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