Attached files
file | filename |
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EX-99.3 - EX-99.3 - CAPITAL CORP OF THE WEST | f54334exv99w3.htm |
EX-99.2 - EX-99.2 - CAPITAL CORP OF THE WEST | f54334exv99w2.htm |
EX-99.1 - EX-99.1 - CAPITAL CORP OF THE WEST | f54334exv99w1.htm |
EX-99.4 - EX-99.4 - CAPITAL CORP OF THE WEST | f54334exv99w4.htm |
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
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
PURSUANT TO SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934
Date of report (Date of earliest event reported): October 23, 2009
CAPITAL CORP OF THE WEST
(Exact Name of Company as Specified in Charter)
California | 0-27384 | 77-0147763 | ||
(State or Other Jurisdiction | (Commission File | (IRS Employer | ||
of Incorporation) | Number) | Identification No.) |
2801 G Street, Merced, California 95340
(Address of Principal Executive Offices) (Zip Code)
(209) 580-4040
(Companys telephone number, including area code)
N/A
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the
filing obligation of the Company under any of the following provisions:
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)) |
Item 8.01. Other Events.
Filing of Monthly Report
Capital Corp of the West, a California corporation (the Company), filed its Monthly Report of
Operations for the month ended November 30, 2009, on December 8, 2009, with the United States
Bankruptcy Court for the Eastern District of California, Fresno Division. A copy of this
Bankruptcy Court report is filed as Exhibit 99.1 hereto and incorporated herein by reference.
Copies of all Bankruptcy Court filings made by the Company during the bankruptcy case (other than
documents filed under seal or otherwise subject to confidentiality protections) will be made
available on line at the website established by the Companys bankruptcy counsel,
www.ffwplaw.com . To access documents at the website, click on the cases link, enter the
email cases@ffwplaw.com and the password password and then click on the Capital Corp
of the West folder. Documents also are available at the court website through PACER. The
Companys case number is 09-14298. The proceeding is entitled In re Capital Corp of the West. The
court website is www.caeb.uscourts.gov . The information set forth on the foregoing
websites shall not be deemed to be a part of, or incorporated by reference into, this Form 8-K.
The Company cautions readers not to place undue reliance upon the information contained in the
Bankruptcy Court report that is filed as Exhibit 99.1 hereto, or in any monthly or quarterly
Bankruptcy Court reports that it may from time to time file as exhibits to past or future
Securities and Exchange Commission reports on Form 8-K, because such Bankruptcy Court reports:
| are not audited or reviewed by independent accountants; | ||
| are prepared in a format prescribed by bankruptcy law, which does not require conformity with generally accepted accounting principles (GAAP), and such reports therefore do not purport to reflect the financial condition or results of operations of the Company on a GAAP basis; | ||
| are not presented on a consolidated basis and therefore do not purport to present the consolidated financial condition and results of the Company and its subsidiaries; | ||
| contain information for periods which may be shorter or otherwise different than those contained in reports that are required to be filed by companies that are subject to reporting obligations under Section 13(a) of the 1934 Act; and | ||
| and are subject to future adjustment and reconciliation. |
Plan of Liquidation.
The Company has filed with the Bankruptcy Court its proposed First Amended Plan of Liquidation
dated October 23, 2009 (the Plan), and a First Amended Disclosure Statement to Debtors First
Amended Plan of Liquidation dated October 23, 2009 (the Disclosure Statement). A copy of the
Plan is filed as Exhibit 99.2 hereto and incorporated herein by reference, a copy of the Disclosure
Statement is filed as Exhibit 99.3 hereto and incorporated herein by reference and a copy of the
Bankruptcy Court Order Approving the First Amended Disclosure Statement is filed as Exhibit 99.4
hereto and incorporated herein by reference.
The Bankruptcy Court entered an order approving the Disclosure Statement on October 26, 2009. The
deadline for creditors to vote on the Plan is December 9, 2009, subject to extension in the
Companys discretion. The Bankruptcy Court has scheduled a hearing on confirmation of the Plan for
December 23, 2009, at 3:00 P.M.
The Company has concluded that because there are insufficient funds to pay all claims in full,
common shareholders interests in the Debtor will be cancelled by the Plan and, accordingly, no
distribution will be available for common shareholders.
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Item 9.01. Financial Statements and Exhibits.
(c) Exhibits.
99.1
|
Monthly Operating Report filed by the Company with the Bankruptcy Court on December 7, 2009. | |
99.2
|
First Amended Plan of Liquidation dated October 23, 2009 | |
99.3
|
First Amended Disclosure Statement to Debtors First Amended Plan of Liquidation dated October 23, 2009 | |
99.4
|
Bankruptcy Court Order Approving First Amended Disclosure Statement October 26, 2009 |
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SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the Company has duly caused
this Report to be signed on its behalf by the undersigned hereunto duly authorized.
Capital Corp of the West
|
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(Company) |
Dated: December 10, 2009 | By: | /s/ David A. Heaberlin | ||
David A. Heaberlin | ||||
Executive Vice President & Chief Financial Officer |
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