Attached files
file | filename |
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EX-99.2 - EXHIBIT 99.2 - CORUS BANKSHARES INC | c96031exv99w2.htm |
EX-99.1 - EXHIBIT 99.1 - CORUS BANKSHARES INC | c96031exv99w1.htm |
EX-99.3 - EXHIBIT 99.3 - CORUS BANKSHARES INC | c96031exv99w3.htm |
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K/A
(Amendment No. 1)
(Amendment No. 1)
CURRENT REPORT
Pursuant to Section 13 OR 15(d) of The Securities Exchange Act of 1934
Pursuant to Section 13 OR 15(d) of The Securities Exchange Act of 1934
Date of Report (Date of earliest event reported): February 11, 2010 (January 27, 2010)
Corus Bankshares, Inc.
(Exact name of registrant as specified in its charter)
Minnesota | 0-06136 | 41-0823592 | ||
(State or other jurisdiction of incorporation) |
(Commission File Number) | (IRS Employer Identification No.) |
10 S. Riverside Plaza; Suite 1800 Chicago, Illinois |
60606 |
|
(Address of principal executive offices) | (Zip Code) |
Registrants telephone number, including area code: 312-474-6388
(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 8.01: OTHER EVENTS
On February 1, 2010, the Company filed a Current Report on Form 8-K (the Original Form 8-K)
disclosing that on January 27, 2010, the Company received copies of two letters dated January 5,
2010 (the Letters) that had been sent by Bank of America, N.A. (as successor by merger to LaSalle
Bank National Association), in its capacity as Trustee (the Trustee) under that certain Indenture
(the Indenture) dated as of December 19, 2005, by and among the Company and the Trustee with
respect to that certain trust known as Corus Statutory Trust XI in the original amount of $25.0
million. One letter was addressed to Alesco Preferred Funding IX (Alesco IX) and the other
letter was addressed to Alesco Preferred Funding X (together with Alesco IX, the
Securityholders). The Letters contained a notice to the Securityholders that an Event of Default
has occurred pursuant to Section 5.01(e) (the Specified Event of Default) of the Indenture
relating to the Junior Subordinated Debt Securities due March 15, 2036 issued by the Company (the
TOPrS).
In the Original Form 8-K the Company noted that it believed that the contentions contained in
the Letters were without merit and further noted that the Company had delivered a letter dated
February 1, 2010 to the Trustee demanding that the Trustee immediately rescind and withdraw the
purported notice of a Specified Event of Default under the Indenture with respect to the TOPrS.
This amendment to the Original Form 8-K includes copies of the Trustees two letters and the
Companys letter as exhibits.
ITEM 9.01: FINANCIAL STATEMENTS & EXHIBITS
Exhibit 99.1 | Letter dated January 5, 2010 from Bank of America, N.A., as
Trustee and Institutional Trustee, to Alesco Preferred
Funding IX (Trust No. XI) |
|
Exhibit 99.2 | Letter dated January 5, 2010 from Bank of America, N.A., as
Trustee and Institutional Trustee, to Alesco Preferred
Funding X (Trust No. XI) |
|
Exhibit 99.3 | Letter dated February 1, 2010 from the Company to Bank of
America, N.A. (Trust No. XI) |
SIGNATURE
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.
CORUS BANKSHARES, INC. |
||||
/s/ Michael J. Minnaugh | ||||
Michael J. Minnaugh | ||||
Chief Financial Officer
(Principal Financial Officer and Duly Authorized Officer of the Registrant) |
Date: February 11, 2010