-----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, RD85VkxPPl3UCWTnmrPpSMRZ43y9maRHquSArx0JL+gU6dqbv9hYCSGw9GrviPTe Fyxr8Mk21QiEPJDg42+zXg== 0000950135-05-005342.txt : 20050912 0000950135-05-005342.hdr.sgml : 20050912 20050912134637 ACCESSION NUMBER: 0000950135-05-005342 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 3 CONFORMED PERIOD OF REPORT: 20050908 ITEM INFORMATION: Other Events ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20050912 DATE AS OF CHANGE: 20050912 FILER: COMPANY DATA: COMPANY CONFORMED NAME: WELLMAN INC CENTRAL INDEX KEY: 0000812708 STANDARD INDUSTRIAL CLASSIFICATION: PLASTIC MAIL, SYNTH RESIN/RUBBER, CELLULOS (NO GLASS) [2820] IRS NUMBER: 041671740 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-10033 FILM NUMBER: 051079538 BUSINESS ADDRESS: STREET 1: 595 SHREWSBURY AVENUE CITY: SHREWSBURY STATE: NJ ZIP: 07702 BUSINESS PHONE: (732)212-3300 MAIL ADDRESS: STREET 1: P.O. BOX 31331 CITY: CHARLOTTE STATE: NC ZIP: 28231 8-K 1 b56787wie8vk.htm WELLMAN, INC. FORM 8-K 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)
September 8, 2005
Wellman, Inc.
(Exact name of registrant as specified in its charter)
         
Delaware   1-10033   04-1671740
(State or other jurisdiction
of incorporation)
  (Commission File Number)   (IRS Employer
Identification No.)
     
1041 521 Corporate Center Drive    
Fort Mill, South Carolina   29715
(Address of principal executive offices)   (Zip Code)
Registrant’s telephone number, including area code: (803) 835-2000
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))
 
 

 


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Item 8.01. -Other Events.
On September 8, 2005, Wellman, Inc. announced that it will record a pretax charge of $8.0 million in the third quarter of 2005 arising from the settlement of the federal class action lawsuits of direct purchasers alleging that the Company engaged in price fixing and customer allocation relating to sales of polyester staple fiber. Once the court approves the settlement of the class action lawsuits, given the earlier settlements with more than 30 major polyester fiber purchasers, Wellman will have settled substantially all of the federal claims of the direct purchasers. The after-tax effect of the charge will be $5.2 million or $0.16 per share in the third quarter of 2005. When combined with the $24 million pre-tax charge recorded in the second quarter of 2005, the total after-tax effect is $20.8 million or $0.66 per share which represents the Company’s best estimate of its total costs including all agreed upon settlements as well as the future costs to defend or settle any remaining litigation including state claims by indirect purchasers. The foregoing information was contained in a press release published by Wellman, Inc. on September 8, 2005. That press release is attached hereto as exhibit 99.1 This Form 8-K and the attached exhibit are provided under Item 8.01 of Form 8-K.
Item 9.01. Financial Statements and Exhibits.
  (a)   Not applicable.
 
  (b)   Not applicable.
 
  (c)   Exhibit
99.1 Press Release dated September 8, 2005

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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.
         
  Wellman, Inc.
 
 
September 12, 2005  /s/ Mark J. Ruday    
  Mark J. Ruday    
  Vice President, Chief Accounting Officer and Controller   
 

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EXHIBIT INDEX
         
Exhibit    
Number   Description
  99.1    
Press release dated September 8, 2005.

4

EX-99.1 2 b56787wiexv99w1.htm EX-99.1 PRESS RELEASE DATED SEPTEMBER 8, 2005 exv99w1
 

(WELLMAN LOGO)
     
Contact:
  Michael Bermish
 
  Investor Relations Officer
 
  732-212-3321
FOR IMMEDIATE RELEASE
WELLMAN RECORDS ADDITIONAL CHARGE FOR SETTLEMENT OF CLASS ACTION LAWSUITS RELATING TO SALES OF POLYESTER STAPLE FIBER
September 8, 2005, Shrewsbury, NJ – Wellman, Inc. (NYSE:WLM) announced that it will record a pretax charge of $8.0 million in the third quarter of 2005 arising from the settlement of the federal class action lawsuits of direct purchasers alleging that the Company engaged in price fixing and customer allocation relating to sales of polyester staple fiber. Once the court approves the settlement of the class action lawsuits being announced today, given the earlier settlements with more than 30 major polyester fiber purchasers, Wellman will have settled substantially all of the federal claims of the direct purchasers. The after-tax effect of the charge will be $5.2 million or $0.16 per share in the third quarter of 2005. When combined with the $24 million pre-tax charge recorded in the second quarter of 2005, the total after-tax effect is $20.8 million or $0.66 per share which represents the Company’s best estimate of its total costs including all agreed upon settlements as well as the future costs to defend or settle any remaining litigation including state claims by indirect purchasers.
The Company denies any wrongdoing and has strong defenses to any claims; however, it is settling the class action lawsuits to minimize future expenses, risk and disruption of business that occurs with any litigation.
Thomas M. Duff, Wellman’s Chief Executive Officer, stated, “The settlement of the class action lawsuits is prudent given the high costs of litigation and the elimination of risk. The settlement will permit our employees to focus on improving our business. Our results for the third quarter will be reduced by this charge as well as the effects from Hurricane Katrina. Fortunately these two events do not affect the long term profitability of our business.”
Wellman, Inc. manufactures and markets high-quality PermaClearÒ brand PET (polyethylene terephthalate) packaging resin and FortrelÒ brand polyester staple fibers. We believe we are one of the world’s largest PET plastic recyclers, utilizing a significant amount of recycled raw materials in its manufacturing operations.

 


 

Forward-Looking Statements
Statements contained in this release that are not historical facts are forward-looking statements made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. In addition, words such as “believes,” “expects,” “anticipates,” and similar expressions are intended to identify forward-looking statements. These statements are made as of the date hereof based upon current expectations, and we undertake no obligation to update the information contained herein. These forward-looking statements involve certain risks and uncertainties, including, but not limited to: reduced raw material margins; reduced sales volumes; increases in costs; the financial condition of our customers; polyester staple fiber and textile imports; availability and cost of raw materials; the impact of litigation arising out of alleged pricing practices in the polyester staple fiber industry; the actions of our competitors; the effective implementation of our cost reduction programs; availability of financing, changes in financial markets, interest rates, credit ratings, and foreign currency exchange rates; regulatory changes; tax risks; U.S., European, Asian and global economic conditions; prices and volumes of PET resin imports; work stoppages; levels of production capacity and profitable operation of assets; prices of competing products; natural disasters and acts of terrorism; and maintaining the operations of our existing production facilities. Actual results may differ materially from those expressed herein. Results of operations in any past period should not be considered indicative of results to be expected in future periods. Fluctuations in operating results may result in fluctuations in the price of our common stock. For a more complete description of the prominent risks and uncertainties inherent in our business, see our Form 10-K for the year ended December 31, 2004.

 

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