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EX-99.1 - EX-99.1 - EarthLink Holdings, LLCa10-21325_1ex99d1.htm

 

 

UNITED STATES

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): November 15, 2010 (November 15, 2010)

 

EARTHLINK, INC.

(Exact Name of Registrant as Specified in Its Charter)

 

Delaware
(State of Incorporation)

 

001-15605
(Commission File Number)

 

58-2511877
(I.R.S. Employer Identification No.)

 

1375 Peachtree St., Atlanta, Georgia      30309

(Address of principal executive offices)     (Zip Code)

 

(404) 815-0770

(Registrant’s telephone number, including area code)

 


 

 

(Former name, former address and former fiscal year, if changed since last report date)

 


 

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

 

A copy of the slides used by EarthLink, Inc. during presentations to investors beginning on November 15, 2010 regarding the pending acquisition of ITC^DeltaCom, Inc. is attached hereto as Exhibit 99.1 and incorporated herein by reference.

 

In accordance with General Instruction B.2 of Form 8-K, the information in this Current Report on Form 8-K, including Exhibit 99.1, shall not be deemed “filed” for the purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to the liability of that section, nor shall it be 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.

 

Item 9.01 Financial Statements and Exhibits

 

(d)           Exhibits

 

Exhibit
No.

 

Description

99.1

 

Presentation to investors made by EarthLink, Inc., dated November 15, 2010

 

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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 hereunto duly authorized.

 

 

EARTHLINK, INC.

 

(Registrant)

 

 

 

 

By:

/s/ BRADLEY A. FERGUSON

 

 

 

 

 

Name: Bradley A. Ferguson

 

 

Title: Chief Financial Officer

 

Date: November 16, 2010

 

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Exhibit Index

 

Exhibit
No.

 

Description

99.1

 

Presentation to investors made by EarthLink, Inc., dated November 15, 2010

 

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