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SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 10-Q/A
AMENDMENT NO. 1
(Mark One)
(x) QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES
EXCHANGE ACT OF 1934
For the quarterly period ended April 8, 1994
OR
( ) TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES
EXCHANGE ACT OF 1934
For the transition period from _________________ to _________________
Commission File Number 1-8544
AMERICAN PRESIDENT COMPANIES, LTD.
(Exact name of registrant as specified in its charter)
Delaware 94-2911022
(State or other jurisdiction of (I.R.S. Employer
incorporation or organization) Identification No.)
1111 Broadway
Oakland, California 94607
(Address of principal executive offices)
Registrant's telephone number: (510) 272-8000
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AMERICAN PRESIDENT COMPANIES, LTD.
INDEX
PART II. OTHER INFORMATION Page
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Item 6. Exhibits and Reports on Form 8-K 3
SIGNATURES 4
This amendment to the Quarterly Report on Form 10-Q for the quarter ended
April 8, 1994 is being filed solely for the purpose of re-filing page 13 of
Exhibit 10.4. The remainder of the Form 10-Q, as previously filed, is
unchanged.
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Item 6. EXHIBITS AND REPORTS ON FORM 8-K
(a) Exhibits required by Item 601 of Regulation S-K
The following documents are exhibits to this Form 10-Q:
Exhibit No. Description of Document
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10.4a Page 13 of the Loan Agreement dated March 14, 1994 by and among
Kreditanstalt fur Wiederaufbau (as Agent and Lender); Commerzbank
AG, Hamburg (as Syndicate Agent); Commerzbank AG (Kiel Branch),
Dresdner Bank AG in Hamburg, Vereins-und Westbank AG, Deutsche
Schiffsbank AG, Norddeutsche Landesbank-Girozentrale, Deutsche
Verkehrs-Bank AG, Banque Internationale a Luxembourg S.A. (as the
Syndicate); and American President Lines, Ltd. (as Borrower).
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American President Companies, Ltd. and Subsidiaries
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, thereunto duly authorized.
AMERICAN PRESIDENT COMPANIES, LTD.
Dated: December 6, 1994 By /s/ William J. Stuebgen
_______________________________
William J. Stuebgen
Vice President,
Controller and
Chief Accounting Officer
of (i) all liabilities and indebtedness on such balance sheet and (ii) all
intangible assets such as goodwill, patents, trademarks, franchises, licenses
and other like intangibles.
"Tax" shall be construed so as to include, by reference to any
applicable jurisdiction, any present or future tax, levy, impost, deduction,
duty or other charge or withholding of a similar nature imposed by a
Governmental Instrumentality (including, without limitation, any interest or
penalty payable in connection with any failure to pay or any delay in paying any
of the same) and "taxation" shall be interpreted accordingly.
"Termination Event" means (i) a "reportable event," as such term
is described in Section 4043 of ERISA (other than a "reportable event" not
subject to the provision for thirty (30) day notice to the PBGC), or an event
described in Section 4068 of ERISA, or (ii) the withdrawal of APL, the Guarantor
or any ERISA Affiliate from a Multiple Employer Plan during a plan year in which
it was a "substantial employer", as such term is defined in Section 4001(a)(2)
of ERISA, or the incurrence of liability by APL, the Guarantor or any ERISA
Affiliate under Section 4064 of ERISA upon the termination of a Multiple
Employer Plan, or (iii) the filing of a notice of intent to terminate a Plan or
the treatment of a Plan amendment as a termination under Section 4041A of ERISA,
or (iv) the institution of proceedings to terminate a Plan by the PBGC under
Section 4042 of ERISA, or (v) any other event or condition which might
constitute grounds under Section 4042 of ERISA for the termination of, or the
appointment of a trustee to administer, any Plan.
"Total Contract Price" means, in respect of the HDW Vessels and
the Daewoo Vessels, respectively, either (1) the aggregate of the Contract
Prices of all three (3) HDW Vessels or * ,
which shall have a USD equivalent of *
(whichever is the lesser) or (2) the aggregate of the Contract Prices of all
three (3) Daewoo Vessels or *
(whichever is the lesser).
"Transferee" shall mean APL Newbuildings, Ltd.
"USD Equivalent" shall mean the Dollar amount calculated under
the USD Exchange Rate.
"USD Exchange Rate" shall mean 1 Dollar per * Deutsche Mark,
which is based on average rates of exchange for such currencies obtained by the
Borrower under forward exchange contracts submitted to Haight, Gardner, Poor &
Havens by letter of the Guarantor dated August 20, 1993.
"Value Test" shall have the meaning set forth in Section 5.03(c).
"Vessel Indebtedness" means, in respect of each Vessel, all sums
owing, actually or contingently, by the Borrower to the relevant Lender(s) in
respect of that Subportion which relates to that Vessel
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