- Report of Foreign Issuer (6-K)
February 24 2009 - 6:00AM
Edgar (US Regulatory)
File No. 1-10905
SECURITIES AND EXCHANGE
COMMISSION
Washington, D.C. 20549
VITRO, S.A.B.
DE C.V.
FORM 6-K
Report of Foreign
Issuer
Pursuant to Rule 13a-16 or 15d-16 of
the Securities Exchange Act of
1934
For the month of February, 2009
(Filed February 23, 2009)
N/A
(Translation of
Registrant's Name into English)
Av. Ricardo Margain Zozaya 400
Garza
Garcia, NL
66250 Mexico
(52) 8863-1200
(Address of Principal Executive
Office)
Indicate by check mark whether the registrant files or
will file annual reports under cover of Form 20-F or Form 40-F
Form 20-F [ X ] Form 40-F [ ]
Indicate by check mark if the registrant is submitting the Form
6-K in paper as permitted by Regulation S-T Rule 101(b)(1): [ ]
Indicate by check mark if the registrant is submitting the Form
6-K in paper as permitted by Regulation S-T Rule 107(b)(7): [ ]
Indicate by check mark whether the registrant by furnishing
the information contained in this form is also thereby furnishing
the information to the Commission pursuant to Rule 12g3-2(b) under
the Securities Exchange Act of 1934
Yes [ ] No [ X ]
CONTENTS
Documents Attached:
*
Press Information dated February 23, 2009
Release
Second Collegiate Court confirms decision of First Instance and Appeals Courts
denying Pilkington's opposition to the merger of Vitro Plan into Vimexico
San Pedro, Garza Garcia, Nuevo Leon, Mexico, February 23, 2009.- Vitro, S.A.B. de C.V. (BMV: VITROA; NYSE: VTO),
announced that its subsidiary Vimexico, S.A. de C.V. (Vimexico), was notified of
the final non appealable decision issued by the Second Collegiate Court for
Civil Affairs of the Fourth Circuit, ratifying the decision issued by the First
Instance and Appeal Courts denying Pilkington Group Limited's (Pilkington) opposition to the resolutions adopted at the Extraordinary Shareholders Meeting held on December 11th, 2006, when the merger of Vitro Plan, S.A. de C.V. (Vitro Plan) into Vimexico was approved.
As a result of this decision of the Second Collegiate Court for Civil Affairs of the Fourth Circuit,
in accordance with article 200 of the Mexican General Law of Corporations, it
has been ratified that all of the above mentioned resolutions are valid and
binding for all shareholders, including those who voted against such resolutions.
In addition, the Collegiate Court confirmed the dismissal of all claims demanded by Pilkington in
its original complaint and confirmed the validity of the merger of Vitro Plan
into Vimexico approved at the Extraordinary Shareholders Meeting of the now
extinct Vitro Plan. The company has been represented by the Mexican law firm
Rivera Gaxiola y Asociados, S.C.
The Collegiate Court confirmed the decision to condemn Pilkington to pay Vimexico attorneys fees and
expenses including those incurred during the appeals proceedings. Vimexico will
timely file an incidental complaint to liquidate such fees and expenses.
The original opinion of counsel to Vimexico that the company shall also prevail in the separate lawsuit that
Pilkington initiated in October 2007, claiming that the same Extraordinary
Shareholders Meeting was null and void, has likewise been reinforced by this
final and non appealable decision.
Vitro, S.A.B. de C.V. (BMV: VITROA; NYSE: VTO), is one of the largest glass manufacturers in the world. Through our subsidiary companies we offer
products with the highest quality standards and reliable services to satisfy the
needs of two distinct business sectors: glass containers and flat glass. Our
manufacturing facilities produce, process, distribute and sell a wide range of
glass products that offer excellent solutions to multiple industries that
include: wine, beer, cosmetic, pharmaceutical, food and beverage, as well as the
automotive and construction industry. Also, we supply raw materials, machinery
and industrial equipment to different industries. We constantly strive to
improve the quality of life for our employees as well as the communities in
which we do business by generating employment and economic prosperity thanks to
our permanent focus on quality and continuous improvement as well as consistent
efforts to promote sustainable development. Our World Headquarters are located
in Monterrey, Mexico where Vitro was founded in 1909 and now embarks major
facilities and a broad distribution network in ten countries in the Americas and
Europe. For more information, you can access Vitro's Website at:
http://www.vitro.com
T
his announcement contains
certain management's expectations, estimates and other forward-looking
information regarding Vitro, S.A.B. de C.V. and its Subsidiaries (collectively
the "Company"). While the Company believes that these management's expectations
and forward looking statements are based on reasonable assumptions, all such
statements reflect the current views of the Company with respect to future
events and are subject to certain risks and uncertainties that could cause
actual results to differ materially from those contemplated in this report.
Many factors could cause the actual results, performance or achievements of the
Company to be materially different from any future results, performance or
achievements that may be expressed or implied by such forward-looking statements,
including, among others, changes in general economic, political, governmental
and business conditions worldwide and in such markets in which the Company does
business, changes in interest rates, changes in inflation rates, changes in
exchange rates, the growth or reduction of the markets and segments where the
Company sells its products, changes in raw material prices, changes in energy
prices, particularly gas, changes in the business strategy, and other factors.
Should one or more of these risks or uncertainties materialize, or should the
underlying assumptions prove incorrect, actual results may vary materially from
those described herein as anticipated, believed, estimated or expected. The
Company does not assume any obligation, to and will not update these forward-looking
statements. The assumptions, risks and uncertainties relating to the forward-looking
statements in this report include those described in the Company's annual report
in form 20-F file with the U.S. Securities and Exchange Commission, and in the
Company's other filings with the Mexican Comision Nacional Bancaria y de
Valores.
For more information, please contact:
Media
Albert Chico Smith /
Roberto Riva Palacio
Vitro, S. A. B. de C.V.
+52 (81) 8863-1661/ 1689
achico@vitro.com
rriva@vitro.com
|
Investor Relations
Adrian Meouchi /Angel Estrada
Vitro S.A.B. de C.V.
+ (52) 81-8863-1765 / 1730
ameouchi@vitro.com
aestradag@vitro.com
|
U.S. Agency
Susan Borinelli / Barbara
Cano
Breakstone Group
(646) 452-2334
sborinelli@breakstone-group.com
bcano@breakstone-group.com
|
SIGNATURES
Pursuant
to the requirements of the Securities Exchange Act of 1934, the registrant has
duly caused this report to be signed on it's behalf by the undersigned,
thereunto duly authorized.
VITRO, S.A.B. DE C.V.
By
/s/ Claudio L. Del Valle Cabello
Name: Claudio L. Del Valle
Cabello
Title: Attorney in Fact
Date: February 23, 2009
Vitro Sociedad (NYSE:VTO)
Historical Stock Chart
From Apr 2024 to May 2024
Vitro Sociedad (NYSE:VTO)
Historical Stock Chart
From May 2023 to May 2024