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 1, 2013 (April 30, 2013)
DYNEGY INC.
(Exact name of registrant as specified in its charter)
|
Delaware |
|
001-33443 |
|
20-5653152 |
|
(State or Other Jurisdiction of Incorporation) |
|
(Commission File Number) |
|
(I.R.S. Employer Identification No.) |
|
601 Travis, Suite 1400, Houston, Texas |
|
77002 |
|
(Address of principal executive offices) |
|
(Zip Code) |
(713) 507-6400
(Registrant’s telephone number, including area code)
N.A.
(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:
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 7.01 Regulation FD Disclosure.
On May 1, 2013, Dynegy Inc. (“Dynegy”) issued a press release announcing the completion on April 30, 2013, of the sale of the Dynegy Roseton power generation facility, located near Newburgh, New York (the “Roseton Facility”), to a subsidiary of Castleton Commodities International LLC (“CCI”). As previously disclosed, a U.S. Bankruptcy Court-supervised auction sales process for the Roseton Facility was conducted in late 2012. The Roseton Facility was sold to CCI for $19.5 million in cash, subject to certain adjustments specified in the Asset purchase Agreement, and CCI’s assumption of certain liabilities, including tax liabilities. The sales proceeds will be distributed in accordance with the terms of the relevant agreements, including the Joint Plan of Liquidation approved by the U.S. Bankruptcy Court. A copy of the press release is being furnished pursuant to Regulation FD as Exhibit 99.1 to this Current Report on Form 8-K.
Pursuant to General Instruction B.2 of Form 8-K and Securities and Exchange Commission (the “SEC”) Release No. 33-8176, the information contained in the press release furnished as an exhibit hereto shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, is not subject to the liabilities of that section and is not deemed incorporated by reference in any filing under the Securities Act of 1933, as amended, except as shall be expressly set forth by specific reference in such a filing.
This Current Report on Form 8-K and the press release contain statements intended as “forward-looking statements” which are subject to the cautionary statements about forward-looking statements set forth therein.
Item 9.01 Financial Statements and Exhibits.
(d) Exhibits:
|
Exhibit No. |
|
Document |
|
|
|
|
|
99.1 |
|
Press release dated May 1, 2013, announcing completion of sale of the Roseton Facility |
SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
|
|
DYNEGY INC. | |
|
|
(Registrant) | |
|
|
|
|
|
Dated: May 1, 2013 |
By: |
/s/ Catherine B. Callaway |
|
|
Name: |
Catherine B. Callaway |
|
|
Title: |
Executive Vice President, Chief Compliance Officer and General Counsel |