UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 20549
FORM 8-K
CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(D) OF
THE SECURITIES EXCHANGE ACT OF 1934
Date of report (Date of earliest event reported) January 9, 2006
Delphi Corporation
(Exact Name of Registrant as Specified in Its Charter)
| |
|
|
|
|
Delaware
(State or Other Jurisdiction of
Incorporation)
|
|
1-14787
(Commission File Number)
|
|
38-3430473
(IRS Employer Identification No.) |
| |
|
|
5725 Delphi Drive, Troy, MI
(Address of Principal Executive Offices)
|
|
48098
(Zip Code) |
(248) 813-2000
(Registrant’s Telephone Number, Including Area Code)
(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):
|
|
|
| o |
|
Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
|
|
|
| o |
|
Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
|
|
|
| o |
|
Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
|
|
|
| o |
|
Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) |
TABLE OF CONTENTS
ITEM 8.01 OTHER EVENTS
On January 9, 2006, the United States Bankruptcy Court for the Southern District of New York (the
“Court”) entered a final order (the “Final Order”) granting the motion of Delphi Corporation
(“Delphi”) and certain of its United States subsidiaries (collectively, the “Debtors”) to (a)
restrict, in certain circumstances and subject to certain terms and conditions, trading in stock of
Delphi by persons who would acquire (or dispose of) substantial amounts of such stock and (b)
require, in certain circumstances and subject to certain terms and conditions, substantial holders
of indebtedness of the Debtors to dispose of indebtedness. The Final Order is intended to
preserve the availability of the benefit of certain tax attributes of the Debtors. On October 12,
2005, the Court entered an interim order (the “Interim Order”) which restricted certain trading in
stock and indebtedness of the Debtors. The Interim Order was effective until entry of the Final
Order. The Final Order supersedes the Interim Order from and after the time of entry of the Final
Order. The foregoing description of the Final Order does not purport to be complete and is
qualified in its entirety by reference to such order, a copy of which is attached hereto as Exhibit
99(a). Additional information regarding the Debtors’ bankruptcy case is available at
www.delphidocket.com.
ITEM 9.01 FINANCIAL STATEMENTS AND EXHIBITS
Exhibits. The following exhibit is being filed as part of this report.
| |
|
|
| Exhibit |
|
|
| Number |
|
Description |
99 (a)
|
|
Final Order entered by the United States
Bankruptcy Court for the Southern District of New
York on January 9, 2006 |
SIGNATURE
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.
| |
|
|
|
|
| |
DELPHI CORPORATION
(Registrant)
|
|
| Date: January 10, 2006 |
|
|
| |
| |
|
By: /s/ JOHN D. SHEEHAN
|
|
| |
|
(John D. Sheehan, |
|
| |
|
Vice President and Chief Restructuring Officer,
Chief Accounting Officer and Controller) |
|
| |