UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K/A
Current Report Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934
Date of Report (Date of Earliest Event Reported): July 1, 2020
(Exact Name of Registrant as Specified in Its Charter)
(Commission File Number)
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(State or Other Jurisdiction of Incorporation)
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(I.R.S. Employer Identification No.)
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(Address of principal executive offices, including zip code)
(812 ) 424-2904
(Registrant’s 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:
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Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
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Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
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Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
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Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
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Securities registered pursuant to Section 12(b) of the Act:
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Title of each class
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Trading
Symbol(s)
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Name of each exchange on which registered
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Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange
Act of 1934 (§240.12b-2 of this chapter):
Emerging growth company ☐
If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards
provided pursuant to Section 13(a) of the Exchange Act. ☐
Explanatory Note
This Amendment No. 1 on Form 8-K/A (this “Amendment”) is being filed by Berry Global Group, Inc. (the “Company”)
to amend the Current Report on Form 8-K filed on July 1, 2020.
Item 8.01 Other Events.
On July 2, 2020, Berry Global, Inc.
(“BGI”), a wholly owned subsidiary of Berry Global Group, Inc., notified the trustee under the indenture (the “Indenture”) governing its 6.00% Second Priority Senior Secured Notes due 2022 (the “Notes”) that the notice of redemption issued to holders of the Notes on July 1, 2020 (the “Redemption
Notice”) incorrectly provided that the redemption price for the Notes would be equal to 100.000% of the aggregate principal amount thereof, plus accrued and unpaid interest, if any, to the redemption date. Pursuant to the terms of the Notes and
the Indenture, the Notes cannot be redeemed for less than 101.500% of the aggregate principal amount thereof prior to October 15, 2020. Consequently, BGI has directed the trustee under the Indenture to cause notice to be issued to holders of
the Notes that the Redemption Notice was invalid and has been rescinded by BGI.
Item 9.01 Financial Statements and Exhibits.
(d) Exhibits.
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Exhibit
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Description
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104
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Cover Page Interactive Data File (embedded within the Inline XBRL document).
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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 thereunto duly authorized.
| BERRY GLOBAL GROUP, INC. | |||
| (Registrant) |
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Dated: July 6, 2020
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By:
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/s/ Jason K. Greene |
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| Name: |
Jason K. Greene |
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| Title: |
Executive Vice President, Chief Legal Officer
and Secretary
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