Mirant 8-K 2009
SECURITIES AND EXCHANGE COMMISSION
Washington, DC 20549
Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934
Date of Report (Date of earliest event reported): August 6, 2009
(Exact Name of Registrant as Specified in Charter)
Registrants telephone number, including area code: (678) 579-5000
(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 (see General Instruction A.2. below):
Section 5 Corporate Governance and Management
Item 5.03 Amendments to Articles of Incorporation or By-laws; Change in Fiscal Year.
(a) On August 6, 2009, the Board of Directors (the Board) of Mirant Corporation (the Company), upon recommendation of the Nominating and Governance Committee, amended the Companys Amended and Restated By-laws (the By-laws). New Article IX of the By-laws provides a set of emergency by-laws that will become temporarily effective in the event a quorum of the Board cannot be assembled in the manner provided in the Companys By-laws due to a catastrophic event. During an emergency, any officer or director will be able to call a meeting of the Board, and notice and quorum requirements are greatly relaxed. The emergency by-laws also allow for the appointment of temporary directors in the event that a quorum of directors cannot be obtained. Directors, officers and employees will not be liable for any action taken pursuant to the emergency by-laws other than willful misconduct.
The foregoing description is not complete and is qualified in its entirety by reference to the By-laws, attached as Exhibit 3.2 to this Current Report on Form 8-K, which is incorporated herein by reference.
Section 9 Financial Statements and Exhibits
Item 9.01 Financial Statements and Exhibits.
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.
Date: August 6, 2009