- Current report filing (8-K)
November 04 2008 - 3:08PM
Edgar (US Regulatory)
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:
November 4, 2008
Date of earliest event
reported:
October 29, 2008
OFFICEMAX INCORPORATED
(Exact name of
registrant as specified in its charter)
Delaware
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1-5057
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82-0100960
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(State of
Incorporation)
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(Commission File
Number)
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(IRS Employer
Identification No.)
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263 Shuman Blvd.
Naperville, Illinois 60563
(Address of principal
executive offices) (Zip Code)
(630) 438-7800
(Registrants telephone number, including
area code)
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:
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.
On September 18, 2008, OfficeMax filed a Current
Report on Form 8-K with the Securities and Exchange Commission containing
information related to an event of default under a portion of its timber
installment notes received in connection with its sale of timberlands in
2004. The timber installment notes were
held by bankruptcy remote special purpose entities formed by OfficeMax (the OMX
SPEs). One timber installment note, in
the original principal amount of $817.5 million, was guaranteed by Lehman
Brothers Holdings Inc. (Lehman). This
installment note was monetized through the issuance of securitization notes by
one of the OMX SPEs, OMX Timber Finance Investments II, LLC (OMX Timber II). Lehman filed a petition on September 15,
2008 in the United States Bankruptcy Court for the Southern District of New
York seeking relief under chapter 11 of the United States Bankruptcy Code. As a result of Lehmans bankruptcy filing, an
event of default occurred under the Lehman guaranteed installment note.
On October 29, 2008, we issued a press release
providing an update on the Lehman guaranteed installment note and the
securitization notes that our wholly-owned bankruptcy remote subsidiary, OMX
Timber II, has issued and outstanding.
That press release was filed as an exhibit to our Current Report on Form 8-K
filed on October 30, 2008.
As we stated in that press release, we anticipated
that a payment default would occur on October 29 under the Lehman
guaranteed installment note, which would result in OMX Timber II failing to
make the full payment due on that date to the holders of the securitization
notes. In fact, no payment was made on October 29
with respect to the Lehman guaranteed installment note. As a result, OMX Timber II was not able to
and did not make the payment due on October 29 to holders of the
securitization notes. Because these
developments had been anticipated, they have not affected the analysis or
expectations reflected in our October 29 press release.
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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.
Dated: November 4, 2008
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OFFICEMAX INCORPORATED
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By:
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/s/ Matthew R. Broad
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Matthew
R. Broad
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Executive
Vice President and
General Counsel
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