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: August 20, 2009
ICO
GLOBAL COMMUNICATIONS (HOLDINGS) LIMITED
(Exact
Name of Registrant as Specified in its Charter)
Delaware
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001-33008
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98-0221142
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(State
or other jurisdiction
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(Commission
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(IRS Employer
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of
incorporation)
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File
Number)
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Identification #)
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Plaza
America Tower I
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20190
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11700
Plaza America Drive, Suite 1010
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(Zip
Code)
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Reston,
Virginia
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(Address
of Principal Executive Offices)
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(703)
964-1400
(Registrant’s
telephone number, including area code)
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:
¨
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Written
communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
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¨
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Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
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¨
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Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
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¨
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Pre
commencement communications pursuant to Rule 13e-4(c) under the Exchange
Act (17 CFR 240.13e-4(c))
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Item
8.01 Other
Events
On August
20, 2009, the United States Bankruptcy Court for the Southern District of New
York (“Bankruptcy Court”) in which DBSD North America, Inc. (formerly ICO North
America, Inc.) and its subsidiaries (“Debtors”) filed voluntary petitions for
relief under Chapter 11 of Title 11 of the United States Code entered a
stipulation and order between the Debtors, ICO Global Communications (Holdings)
Limited, and certain of the Principal Noteholders (as defined in the Support
Agreement of May 14, 2009 (“Support Agreement”)) relating to the Support
Agreement and affecting other Principal Noteholders not party to the stipulation
(“Stipulation and Order”). Pursuant to the Stipulation and Order, the
parties thereto agreed to extend the date in the Support Agreement by which the
Debtors’ Plan shall be confirmed until September 30, 2009, and the Bankruptcy
Court ordered that: (i) the Support Agreement shall not terminate
prior to the Voting Deadline (as defined in the Debtor’s Second Amended Plan of
Reorganization as filed with the Bankruptcy Court) to the extent that the
Support Agreement requires the Principal Noteholders to vote or cause to be
voted the Held Notes (as defined in the Support Agreement) to accept the Plan if
such Plan were confirmed on or before the deadline set forth in the Support
Agreement (such deadlines as extended by that certain waiver entered into on
June 22, 2009 (“Waiver”)), and (ii) all parties to the Support Agreement who are
obligated to vote or cause to be voted the Held Notes to accept the Plan if such
Plan were confirmed on or before the deadline set forth in the Support Agreement
(such deadline as extended by the Waiver) are obligated to vote in favor of the
Plan on or before the Voting Deadline.
The
description above is qualified in its entirety by reference to the
Stipulation.
A copy of
each of the Support Agreement and the Waiver was filed by ICO Global as an
exhibit to a Form 8-K dated May 15, 2009 and July 1, 2009,
respectively.
Item
9.01 Financial
Statements and Exhibits.
(d)
Exhibits.
Exhibit No.
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Description
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99.1
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Stipulation
Between the Debtors, the Existing Stockholder, and Certain of the
Principal Noteholders Relating to the Support Agreement and Order
Affecting Other Principal Noteholders not Party to the
Stipulation.
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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.
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ICO
GLOBAL COMMUNICATIONS
(HOLDINGS)
LIMITED (Registrant)
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|
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By:
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/s/ John L.
Flynn
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August
26, 2009
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John
L. Flynn
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Executive
Vice President, General Counsel
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and
Corporate Secretary
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