Southern Company 8-K 2009
SECURITIES AND EXCHANGE COMMISSION
Washington, D. C. 20549
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934
The address of the registrant has not changed since the 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:
Item 8.01. Other Events.
On May 8, 2009, The Southern Company (the Company) entered into separate Sales Agency Financing Agreements (each, an Agreement and collectively, the Agreements) with BNY Mellon Capital Markets, LLC (BNYMCM) and with Barclays Capital Inc. (Barclays). Under the terms of the Agreements, the Company may offer and sell from time to time not to exceed 20,000,000 shares of the Companys common stock, $5.00 par value per share (the Shares). Each of BNYMCM and Barclays will act as the Companys agent in connection with any offering of Shares under the applicable Agreement. Unless earlier terminated, each Agreement will terminate upon the earlier of (i) the sale of all of the Shares through such Agreement or (ii) the third anniversary of the date of such Agreement.
All of the Shares to be issued and sold under the Agreements were registered under the Securities Act of 1933, as amended, pursuant to the shelf registration statement (Registration No. 333-159072) of the Company.
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.