EBHI Holdings, Inc. 8-K 2010
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
Pursuant to Section 13 OR 15(d) of the
Securities Exchange Act of 1934
Date of Report (Date of earliest event reported): April 6, 2010
EBHI HOLDINGS, INC.
(Exact Name of Registrant as Specified in Charter)
(State or other jurisdiction of incorporation)
ONE CONWAY PARK, 100 FIELD DRIVE, SUITE 240
LAKE FOREST, ILLINOIS 60045
(Address of Principal executive offices, including zip code)
Registrants telephone number, including area code: (312) 251-3430
(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:
As previously disclosed, on June 17, 2009 EBHI Holdings, Inc. (formerly known as Eddie Bauer Holdings, Inc.), a Delaware corporation (the Company) and its U.S. subsidiaries (together with the Company, the Debtors) filed voluntary petitions in the United States Bankruptcy Court for the District of Delaware (the Bankruptcy Court) seeking relief under the provisions of Chapter 11 of the United States Bankruptcy Code and the Canadian subsidiaries of the Company filed an application with the Ontario Superior Court of Justice (Commercial List) seeking relief under the provisions of the Canadian Companies Creditors Arrangement Act. Since filing their petition, the Debtors have operated as debtors in possession under the jurisdiction of the Bankruptcy Court.
As previously disclosed, on March 18, 2010, the Bankruptcy Court entered an order (the Confirmation Order) confirming the First Amended Joint Plan of Liquidation of EBHI Holdings, Inc., et. al. under Chapter 11 of the Bankruptcy Code, dated January 26, 2010 (including all exhibits thereto, and as modified by the Confirmation Order, the Plan). Copies of the Plan and other pleadings and documents filed with the Bankruptcy Court by the Debtors and other parties are also publicly available on the website of the claims agent, Kurtzman Carson Consultants, LLC, at http://www.kccllc.net/eddiebauer.
The effective date of the Plan (the Effective Date) occurred on April 6, 2010. On the Effective Date, the Debtors estates and certain assets were liquidated and were transferred into a trust (the Liquidating Trust), and the terms of the Plan and the Liquidating Trust Agreement (as defined in the Plan) will govern any distributions of the Liquidating Trusts assets to the Debtors creditors. The Liquidating Trust will be administered by Larry Waslow.
On the Effective Date all of the outstanding equity securities of the Debtors, including all of the shares of common stock of the Company, were cancelled in accordance with the Plan. The holders of the Companys equity securities will not receive any compensation under the Plan or from the Liquidating Trust.
This Form 8-K is intended to be the final 8-K contemplated by paragraph IV.B.2 of Staff Legal Bulletin No. 2 (SLB No. 2) published by the staff of the Securities and Exchange Commission (the Commission) on April 15, 1997. In accordance with the guidance set forth in SLB No. 2, the Company will not file any further reports with the Commission.
On April 6, 2010, the Company completed the transfer of its assets to the Liquidating Trust pursuant to Chapter 11 of the United States Bankruptcy Code. The disclosures in Item 1.03 of this Form 8-K are incorporated herein by reference.
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.