-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, Wndy8qHZOR9ddEAoxAasilksuYqtu1RDcOuxqRzMSnqZv70rhtKzPZuC3WwrzjM/ P8tBb8l5sGxIZFgM7RgURA== 0000893220-07-001817.txt : 20070510 0000893220-07-001817.hdr.sgml : 20070510 20070510162837 ACCESSION NUMBER: 0000893220-07-001817 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20070507 ITEM INFORMATION: Entry into a Material Definitive Agreement ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20070510 DATE AS OF CHANGE: 20070510 FILER: COMPANY DATA: COMPANY CONFORMED NAME: KULICKE & SOFFA INDUSTRIES INC CENTRAL INDEX KEY: 0000056978 STANDARD INDUSTRIAL CLASSIFICATION: SEMICONDUCTORS & RELATED DEVICES [3674] IRS NUMBER: 231498399 STATE OF INCORPORATION: PA FISCAL YEAR END: 0930 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-00121 FILM NUMBER: 07838224 BUSINESS ADDRESS: STREET 1: 1005 VIRGINIA DRIVE CITY: FT. WASHINGTON STATE: PA ZIP: 19034 BUSINESS PHONE: 2157846000 MAIL ADDRESS: STREET 1: 1005 VIRGINIA DRIVE CITY: FT. WASHINGTON STATE: PA ZIP: 19034 8-K 1 w34841e8vk.htm 8-K FOR KULICKE & SOFFA e8vk
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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 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): May 7, 2007
KULICKE AND SOFFA INDUSTRIES, INC.
(Exact Name of Registrant as Specified in Charter)
         
Pennsylvania
(State or Other Jurisdiction
of Incorporation)
  000-00121
(Commission File Number)
  23-1498399
(I.R.S. Employer
Identification No.)
     
1005 Virginia Drive, Fort Washington, PA
(Address of Principal Executive Offices)
  19034
(Zip Code)
Registrant’s telephone number, including area code: (215) 784-6000
(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))
 
 

 


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Item 1.01 Entry into Material Definitive Agreement.
Item 9.01 Financial Statements and Exhibits.
SIGNATURE
EXHIBIT INDEX
Agreement for Commitment to Make Plan Sufficient for Plan Benefits, effective May 7, 2007


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Item 1.01 Entry into Material Definitive Agreement.
     On February 13, 2007, upon recommendation of the audit committee of the board of directors of Kulicke and Soffa Industries, Inc. (the “Company”), the Company’s board approved the termination of the Kulicke and Soffa Industries, Inc. Retirement Income Plan (the “Plan”), subject to the approvals of the Pension Benefit Guaranty Corporation and the Internal Revenue Service. The proposed termination date is July 31, 2007. The Plan has been frozen since December 31, 1995. The Company and the Plan have entered into an Agreement for Commitment to Make Plan Sufficient for Plan Benefits (the “Agreement”) effective as of May 7, 2007 to provide that the Company will pay to the Plan, on or before the date prescribed for distribution of Plan assets by the Plan administrator, the amount necessary, if any, to ensure that on the date the Plan administrator distributes the assets of the Plan, the Plan is able to provide all Plan benefits. The Company currently expects that its costs to terminate the Plan will be approximately $4.0 million. A copy of the Agreement is filed as Exhibit 99.1 to this report and is incorporated into this Item 1.01 as if fully set forth herein.
Item 9.01 Financial Statements and Exhibits.
(d) Exhibits.
     
Exhibit No.   Description
 
   
99.1
  Agreement for Commitment to Make Plan Sufficient for Plan Benefits, effective May 7, 2007.

 


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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.
         
  KULICKE AND SOFFA
INDUSTRIES, INC.
 
 
May 10, 2007  By:   /s/ C. Scott Kulicke    
  Name:   C. Scott Kulicke    
  Title:   Chief Executive Officer   
 

 


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EXHIBIT INDEX
     
Exhibit No.   Description
 
   
99.1
  Agreement for Commitment to Make Plan Sufficient for Plan Benefits, effective May 7, 2007.

 

EX-99.1 2 w34841exv99w1.htm AGREEMENT FOR COMMITMENT TO MAKE PLAN SUFFICIENT FOR PLAN BENEFITS, EFFECTIVE MAY 7, 2007 exv99w1
 

Exhibit 99.1
Agreement for Commitment to Make Plan
Sufficient for Plan Benefits
     This agreement, by and between Kulicke and Soffa Industries, Inc. (the “Company”) and Kulicke and Soffa Industries, Inc. Retirement Income Plan (the “Plan”) shall be effective as of the last date executed.
     WHEREAS, the Plan is an employee pension benefit plan as described in section 3(2)(A) of the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. 1001-1461; and
     WHEREAS, the Company is a corporation; and
     WHEREAS, the Company is a contributing sponsor of the Plan, or a member of the contributing sponsor’s controlled group, as described in section 4001(a)(13) and (14) of ERISA, 29 U.S.C. 1301(2)(13) and (14); and
     WHEREAS, the Plan is covered by the termination insurance provisions of Title IV of ERISA, 29 U.S.C. 1301-1461; and
     WHEREAS, the Plan administrator has issued or intends to issue to each affected party a notice of intent to terminate the Plan, pursuant to section 4041(a)(2) of ERISA, 29 U.S.C. 1341(a)(2); and
     WHEREAS, the Company wishes the Plan to be sufficient for plan benefits, as described in 29 CFR §4041.2; and
     WHEREAS, the parties understand that if the Plan is not able to satisfy all its obligations for plan benefits, it will not be able to terminate in a standard termination under section 4041(b) of ERISA, 29 U.S.C. 1341(b); and
     WHEREAS, the Company is not a debtor in a bankruptcy or other insolvency proceeding;
     NOW, THEREFORE, the parties hereto agree as follows:
     1.     The Company promises to pay to the Plan, on or before the date prescribed for distribution of Plan assets by the plan administrator, the amount necessary, if any, to ensure that, on the date the plan administrator distributes the assets of the Plan, the Plan is able to provide all plan benefits.
     2.     For the sole purpose of determining whether the Plan is sufficient to provide all plan benefits, an amount equal to the amount described in paragraph 1 shall be

 


 

deemed a Plan asset available for allocation among the participants and beneficiaries of the Plan, in accordance with section 4044 of ERISA, 29 U.S.C. 1344.
     3.     This Agreement shall in no way relieve the Company of its obligations to pay contributions under the Plan.
             
      KULICKE AND SOFFA INDUSTRIES,
INC.
 
 
Date:  May 7, 2007    By:   /s/ C. Scott Kulicke   
      Name:   C. Scott Kulicke   
      Title:   Chief Executive Officer   
 
      KULICKE AND SOFFA INDUSTRIES,
INC. RETIREMENT INCOME PLAN
 
 
Date:  May 7, 2007    By:   /s Michael Lutz   
      Name:   Michael Lutz   
      Title:   Plan Administrator   
 

 

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