-----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, ONI4p8Bk/xw8nK/6d6H/LO7Pqz97vIHmQXx75v4h82q3K3DH9iKq6YH6KiZkN+OD kGjuwl8QqXqMV/eRK5Httw== 0000950123-10-091119.txt : 20101004 0000950123-10-091119.hdr.sgml : 20101004 20101004164225 ACCESSION NUMBER: 0000950123-10-091119 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20101001 ITEM INFORMATION: Temporary Suspension of Trading Under Registrant's Employee Benefit Plans ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20101004 DATE AS OF CHANGE: 20101004 FILER: COMPANY DATA: COMPANY CONFORMED NAME: SOUTH FINANCIAL GROUP INC CENTRAL INDEX KEY: 0000797871 STANDARD INDUSTRIAL CLASSIFICATION: STATE COMMERCIAL BANKS [6022] IRS NUMBER: 570824914 STATE OF INCORPORATION: SC FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-15083 FILM NUMBER: 101106239 BUSINESS ADDRESS: STREET 1: 102 S MAIN ST CITY: GREENVILLE STATE: SC ZIP: 29601 BUSINESS PHONE: 8642557900 MAIL ADDRESS: STREET 1: 102 S MAIN STREET CITY: GREENVILLE STATE: SC ZIP: 29601 FORMER COMPANY: FORMER CONFORMED NAME: CAROLINA FIRST CORP DATE OF NAME CHANGE: 19920703 8-K 1 o65531e8vk.htm 8-K e8vk
 
 
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): October 1, 2010
The South Financial Group, Inc.
 
(Exact name of registrant as specified in its charter)
         
South Carolina   0-15083   57-0824914
 
(State or other jurisdiction
of incorporation)
  (Commission
File Number)
  (IRS Employer
Identification No.)
102 South Main Street, Greenville, South Carolina 29601
(Address of principal executive offices and Zip Code)
Registrant’s telephone number, including area code: (864) 255-7900
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))
 
 

 


 

Item 5.04 Temporary Suspension of Trading Under Registrant’s Employee Benefit Plans
As previously reported on a current report on Form 8-K filed on August 25, 2010 by The South Financial Group, Inc. (the “Registrant” or “TSFG”), TSFG provided notices on August 25, 2010 to its directors and executive officers and to all participants, alternate payees and beneficiaries informing them that they would be temporarily unable to effect certain transactions under The South Financial Group, Inc. 401(k) Plan (the “Plan”) (the “Blackout Period”) in connection with the acquisition by The Toronto-Dominion Bank (“TD”) of TSFG via a merger of a wholly-owned subsidiary of TD with and into TSFG (the “Merger”). The notices provided that the Blackout Period would begin at 4:00 p.m. Eastern time on September 24, 2010 and was expected to end on October 4, 2010, but could be delayed until later that week.
On September 30, 3010, the Merger was consummated, and on October 1, 2010, an updated notice was provided to all participants, alternate payees and beneficiaries under the Plan informing them that the Blackout Period had been extended until October 8, 2010 to accommodate administrative work. A copy of the notice is attached hereto as Exhibit 99.1 and is incorporated herein by reference.
Item 9.01 Financial Statements and Exhibits.
(d) The following exhibits are being filed herewith:
     
Exhibit No.   Description
99.1
  Updated Blackout Notice to Plan Participants, Alternate Payees and Beneficiaries

 


 

SIGNATURES
     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.
         
  TD BANK US HOLDING COMPANY,
the successor company to The South Financial Group, Inc.
 
 
  By:   /s/ John R. Opperman   
    Name:   John R. Opperman   
    Title:   Executive Vice President   
 
Date: October 4, 2010

 

EX-99.1 2 o65531exv99w1.htm EX-99.1 exv99w1
Exhibit 99.1
The South Financial Group
401(k) Plan
     
To:
  All Participants, Alternate Payees and Beneficiaries
 
   
From:
  Retirement Plan Administrative Committee
 
   
Date:
  October 1, 2010
 
   
Re:
  Extension of The South Financial Group Unitized Stock Fund Blackout Period
          This notice is being sent to you because the blackout period for trading the The South Financial Group Unitized Stock Fund needs to be extended to accommodate administrative work.
          As we mentioned in our Blackout Notice to you which was distributed and dated August 25, 2010, we had anticipated that all the work necessary to permit us to lift the blackout period and permit trading on the TSFG Unitized Stock Fund would be done by Monday, October 4, 2010.
          We now have more information and better estimates from the many groups who are doing the work to get this done. This new information leads us to believe that the work will not be completed by October 4, 2010 as previously anticipated.
          For that reason, we are notifying you that we are extending the blackout period to Friday, October 8, 2010. However, we anticipate that we will be able to lift the Blackout period prior to that. If we are able to lift the Blackout prior to Friday, October 8, 2010, we will notify you via normal communication channels.
          This means that if you have requested or wish to request any of the following transactions, your request may be delayed until the work can be completed and the Blackout lifted:
  1.   Obtain a loan.
 
  2.   Make a withdrawal or distribution.
 
  3.   Engage in transactions involving your TSFGU or TDBU account balances (i.e., transfers into or out of, or changing allocation percentages to/from these accounts).
          This notice is provided in accordance with the provisions of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”).
If you have any questions about this notice or your rights during the
blackout period, please contact American Pensions
at 1-888-321-4015

 

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