Attached files

file filename
EX-16 - EX-16 - LIBBEY INCex16.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

Date of Report (Date of earliest event reported): November 17, 2014
________________________
Libbey Inc.
(Exact name of registrant as specified in its charter)
________________________

Delaware
 
1-12084
 
34-1559357
(State of incorporation)
 
(Commission File Number)
 
(IRS Employer identification No.)

300 Madison Avenue
Toledo, Ohio
 
43604
(Address of principal executive offices)
 
(Zip Code)
Registrant's telephone number, including area code: (419) 325-2100
________________________________

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligations of the registrant under any of the following provisions (see General Instructions 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 4.01 Changes in Registrant’s Certifying Accountant

The Audit Committee (the “Audit Committee”) of the Board of Directors of Libbey Inc. (the “Company”) conducted a comprehensive, competitive process to determine the Company’s independent registered public accounting firm for the Company’s fiscal year ended December 31, 2015. On November 17, 2014, the Audit Committee approved the dismissal of Ernst & Young LLP (“EY”) and approved the engagement of Deloitte & Touche LLP (D&T) as the Company’s independent registered public accounting firm for the Company’s fiscal year ended December 31, 2015. The dismissal of EY will become effective upon issuance by EY of its reports on the consolidated financial statements as of and for the year ended December 31, 2014 and the effectiveness of internal control over financial reporting as of December 31, 2014 to be included in the filing of the related Form 10-K.

EY’s audit reports on the Company’s consolidated financial statements as of and for the fiscal years ended December 31, 2013 and 2012 did not contain an adverse opinion or a disclaimer of opinion and were not qualified or modified as to uncertainty, audit scope or accounting principles. The audit reports of EY on the effectiveness of internal control over financial reporting as of December 31, 2013 and 2012 did not contain an adverse opinion, nor were they qualified or modified.

During the fiscal years ended December 31, 2013, and 2012, and the subsequent interim periods through November 17, 2014, there were (i) no disagreements between the Company and EY on any matter of accounting principles or practices, financial statement disclosure, or auditing scope or procedure, any of which, if not resolved to EY’s satisfaction, would have caused EY to make reference thereto in their reports, and (ii) no “reportable events” within the meaning of Item 304(a)(1)(v) of Regulation S-K.

The Company provided EY with a copy of disclosures it is making in this Form 8-K and requested that EY furnish a letter addressed to the Securities and Exchange Commission stating whether or not it agrees with the statements made herein. A copy of EY’s letter dated November 21, 2014, is filed as Exhibit 16 hereto.

During the fiscal years ended December 31, 2013, and 2012, and the subsequent interim periods through November 17, 2014, neither the Company nor anyone on its behalf has consulted with D&T regarding (i) the application of accounting principles to a specific transaction, either completed or proposed, or the type of audit opinion that might be rendered on the Company’s financial statements, and neither a written report or oral advice was provided to the Company that D&T concluded was an important factor considered by the Company in reaching a decision as to any accounting, auditing, or financial reporting issue, (ii) any matter that was the subject of a disagreement within the meaning of Item 304(a)(1)(iv) of Regulation S-K, or (iii) any reportable event within the meaning of Item 304(a)(1)(v) of Regulation S-K.

Item 9.01 Financial Statements and Exhibits

(d) Exhibits.

16    EY letter to the Securities and Exchange Commission dated November 21, 2014



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 here unto duly authorized.

 
Libbey Inc.
Registrant
 
 
Date: November 21, 2014
By:  
/s/ Sherry L. Buck  
 
 
 
Sherry L. Buck
 
 
 
Vice President, Chief Financial Officer 
 






Exhibit Index
 
 
 
Exhibit
Number
 
Description
 
 
 
16
 
EY letter to the Securities and Exchange Commission dated November 21, 2014