UNITED STATES

 SECURITIES AND EXCHANGE COMMISSION

Washington, DC 20549

 

FORM 8-K

 

CURRENT REPORT PURSUANT

 TO SECTION 13 OR 15(d) OF THE

 SECURITIES EXCHANGE ACT OF 1934

 

Date of Report — July 13, 2010

(Date of earliest event reported)

 

BEMIS COMPANY, INC.

(Exact name of Registrant as specified in its charter)

 

Commission File Number 1-5277

 

Missouri

 

43-0178130

(State or other jurisdiction of

 

(I.R.S. Employer

incorporation or organization)

 

Identification No.)

 

One Neenah Center, 4th Floor, P.O. Box 669, Neenah, Wisconsin 54957-0669

(Address of principal executive offices)

 

Registrant’s telephone number, including area code: (920) 727-4100

 

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 8.01                                             Other Events.

 

On July 13, 2010, Bemis Company, Inc. (the “Company”) announced that it had completed the sale of certain assets and liabilities relating to a portion of its food packaging business, including facilities located in Menasha, Wisconsin and Tulsa, Oklahoma (the “Business”), to Exopack Holding Corp., which is an affiliated portfolio company of Sun Capital Partners, Inc.  The purchase price was approximately $82 million in cash, subject to certain post-closing adjustments.  In order to obtain regulatory approval for its acquisition of Alcan Packaging Food Americas, the Company was required to divest the Business pursuant to the Proposed Final Judgment filed by the U.S. Department of Justice on February 25, 2010 against the Company, Rio Tinto plc, Alcan Corporation and the Hold Separate Stipulation and Order entered by the U.S. District Court for the District of Columbia against such parties on February 25, 2010.

 

A copy of the press release announcing the closing of the transaction is attached hereto as Exhibit 99(a) and is incorporated herein by reference.

 

Item 9.01                                             Financial Statements and Exhibits.

 

(d)  Exhibits.

 

2(a)*                     Asset Purchase Agreement between Exopack Holding Corp. and Bemis Company, Inc. dated as of June 11, 2010 (excluding certain schedules and exhibits referred to in the agreement, which the registrant agrees to furnish supplementally to the Securities and Exchange Commission upon request).

99(a)       Press Release dated July 13, 2010.

 

*                              Portions of this exhibit have been omitted pursuant to a request for confidential treatment filed with the Securities and Exchange Commission.  The omitted confidential material has been filed separately with the Commission.  The location of the omitted confidential information is indicated in the exhibit with asterisks [***].

 

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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.

 

 

 

BEMIS COMPANY, INC.

 

 

 

 

 

 

 

By:

/s/Stanley A. Jaffy

 

 

Stanley A. Jaffy, Vice President and Controller

 

 

 

 

Date:

July 19, 2010

 

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Index to Exhibits

 

Exhibit No.

 

Description

 

Method of Filing

2(a)*

 

Asset Purchase Agreement between Exopack Holding Corp. and Bemis Company, Inc. dated as of June 11, 2010 (excluding certain schedules and exhibits referred to in the agreement, which the registrant agrees to furnish supplementally to the Securities and Exchange Commission upon request).

 

Electronic Transmission

99(a)

 

Press Release dated July 13, 2010

 

Electronic Transmission

 

*                              Portions of this exhibit have been omitted pursuant to a request for confidential treatment filed with the Securities and Exchange Commission.  The omitted confidential material has been filed separately with the Commission.  The location of the omitted confidential information is indicated in the exhibit with asterisks [***].

 

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