Attached files

file filename
EX-99.1 - CERTAIN FINANCIAL INFORMATION OF SOLO CUP COMPANY - Solo Cup COdex991.htm

 

 

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

November 9, 2010

(Date of Report/Date of earliest event reported)

 

 

SOLO CUP COMPANY

(Exact name of registrant as specified in its charter)

 

 

Commission file number: 333-116843

 

Delaware   47-0938234

(State or other jurisdiction of

incorporation or organization)

 

(I.R.S. Employer

Identification No.)

150 South Saunders Road, Suite 150

Lake Forest, Illinois

  60045
(Address of principal executive offices)   (Zip Code)

Registrant’s telephone number, including area code: (847) 444-5000

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:

 

¨ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

¨ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

 

 


 

Item 2.02 Results of Operations and Financial Condition

On November 9, 2010, Solo Cup Company released certain financial information as of September 26, 2010 and December 27, 2009 and for the thirteen and thirty-nine weeks ended September 26, 2010 and September 27, 2009. Such financial information is furnished to the Securities and Exchange Commission as Exhibit 99.1 to this current report.

The financial information furnished as Exhibit 99.1 to this current report includes EBITDA, or net income (loss) before interest, taxes, depreciation and amortization. EBITDA is a non-GAAP financial measure as defined in Item 10 of Regulation S-K of the Securities Exchange Act of 1934 (the “Exchange Act”). EBITDA is not a measure of financial performance calculated in accordance with GAAP and should not be considered as an alternative to net income (loss) or any other performance measure derived in accordance with GAAP, or as an alternative measure of liquidity. EBITDA should be viewed in addition to, and not as a substitute for, analysis of our results reported in accordance with GAAP. Solo Cup Company presents EBITDA to provide additional information regarding its current financial and operating performance because the measure excludes certain items that may not be indicative of the company’s core operating results. Management believes that EBITDA provides useful information to the company and its investors, and is frequently utilized by security analysts, lenders and other interested parties to evaluate companies in the same industry. In addition, because Solo Cup Company historically has provided EBITDA-based measures to investors and other interested parties, in some instances as required by its financing arrangements, management believes that the quarterly presentation of EBITDA provides consistency in the company’s financial reporting and is a useful supplemental measure in comparing the company’s operating performance from period to period.

 

Item 9.01 Financial Statements and Exhibits

 

Exhibit Number

 

Exhibit Description

99.1   Certain financial information of Solo Cup Company as of September 26, 2010 and December 27, 2009, and for the thirteen and thirty-nine weeks ended September 26, 2010 and September 27, 2009

The information contained in this current report, including in Exhibit 99.1, shall not be deemed “filed” for purposes of Section 18 of the Exchange Act or incorporated by reference in any filing under the Securities Act of 1933 or the Exchange Act, except as may be expressly set forth by specific reference in any such filing.


 

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.

 

SOLO CUP COMPANY

By:

 

/s/ Robert D. Koney, Jr.

  Robert D. Koney, Jr.
  Executive Vice President and Chief Financial Officer

Date: November 9, 2010


 

EXHIBIT INDEX

 

Exhibit Number

 

Exhibit Description

99.1   Certain financial information of Solo Cup Company as of September 26, 2010 and December 27, 2009, and for the thirteen and thirty-nine weeks ended September 26, 2010 and September 27, 2009