ANCHOR GLASS CONTAINER CORP /NEW
8-K, 2000-10-24
GLASS CONTAINERS
Previous: DEBT STRATEGIES FUND II INC, N-30D, 2000-10-24
Next: TERAYON COMMUNICATION SYSTEMS, S-3, 2000-10-24



<PAGE>   1

                       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) OCTOBER 13, 2000
                                                        ----------------


                       ANCHOR GLASS CONTAINER CORPORATION
             ------------------------------------------------------
             (Exact Name of Registrant as Specified in its Charter)


                                    DELAWARE
                 ----------------------------------------------
                 (State or Other Jurisdiction of Incorporation)


        0-23359                                          59-3417812
------------------------                    ------------------------------------
(Commission File Number)                    (I.R.S. Employer Identification No.)


     ONE ANCHOR PLAZA, 4343 ANCHOR PLAZA PARKWAY, TAMPA, FLORIDA 33634-7513
     ----------------------------------------------------------------------
               (Address of Principal Executive Offices) (Zip Code)


                                 (813) 884-0000
              ----------------------------------------------------
              (Registrant's Telephone Number, Including Area Code)




<PAGE>   2

ITEM 5.  OTHER EVENTS.

         On October 13, 2000, certain stockholders of Anchor Glass Container
Corporation (the "Company"), specifically Comac Partners, L.P., Comac Endowment
Fund, L.P., Comac Opportunities Fund, L.P., Comac International, N.V., Carl
Marks Strategic Investments, LP, Carl Marks Strategic Investments II, LP, Varde
Partners, L.P., Varde Fund (Cayman) Ltd., Pequod Investments, L.P., Pequod
International Ltd., Cerberus Partner L.P. and Cerberus International Ltd.
(collectively, the "Plaintiffs"), commenced a shareholder derivative action
against certain of the Company's directors, officers and certain related
entities in The Court of Chancery of the State of Delaware in and for New Castle
County. The action seeks recovery to the Company, which is named as a party to
the action in the capacity of a nominal defendant, for damages Plaintiffs allege
the Company suffered through breach of fiduciary duties, unjust enrichment and
usurpation of a corporate opportunity of the Company. The Company is named as a
party to the case for procedural purposes but no recovery is sought from the
Company. The Company has been advised by the other defendants that they will
vigorously defend the action and that they believe they have meritorious
defenses.















                                       2
<PAGE>   3

                                   SIGNATURES

         Pursuant to the requirements of the Securities and Exchange Act of
1934, the registrant has duly caused this report to be signed on its behalf by
the undersigned hereunto duly authorized.

                                    ANCHOR GLASS CONTAINER CORPORATION

                                    By: /s/ Lawrence M. Murray
                                        --------------------------------------
                                        Name:  Lawrence M. Murray
                                        Title: Senior Vice President - Finance

Date: October 23, 2000




























© 2022 IncJournal is not affiliated with or endorsed by the U.S. Securities and Exchange Commission