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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): February 25, 2009 (February 19, 2009)
FREMONT GENERAL CORPORATION
(Exact Name of Registrant as Specified in Charter)
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Nevada
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001-08007
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95-2815260 |
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(State or Other Jurisdiction
of Incorporation)
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(Commission File Number)
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(I.R.S. Employer
Identification No.) |
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2727 East Imperial Highway |
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Brea, California
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92821 |
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(Address of Principal Executive Offices)
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(Zip Code) |
(Registrants Telephone Number, Including Area Code) (714) 961-5000
Not Applicable
(Former Name or Former Address, if Changed Since Last Report)
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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Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
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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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Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17
CFR 240.13e-4(c)) |
Item 8.01 Other Events.
On February 19, 2009, the United States Bankruptcy Court for the Central District of California,
Santa Ana Division (the Bankruptcy Court) extended the exclusive period in which only Fremont
General Corporation (the Company) may file a plan of reorganization through March 13, 2009.
Pursuant to the United States Bankruptcy Code, a debtor-in-possession, such as the Company, has 120
days from the date of the filing of its Chapter 11 petition with the Bankruptcy Court in which to
file a plan of reorganization, subject to Bankruptcy Courts discretion to grant extensions of this
exclusive period. During this exclusive period no other person or entity is permitted to file a
plan of reorganization. The Company has been granted prior extensions of the exclusive period, and
a hearing is presently scheduled for March 12, 2009 to address the Companys further request for an
extension of its exclusive period to file a plan through April 30, 2009.
As previously announced on January 21, 2009, the Bankruptcy Court approved the engagement of KPMG
Corporate Finance LLC (KPMGCF), a subsidiary of KPMG LLP (UK), as the Companys financial advisor
to locate potential acquirors of the Company, which could include certain of the Companys
remaining assets and/or liabilities, and to act as a sponsor in a potential plan of reorganization.
In connection with this engagement, KPMGCF distributed marketing materials informing potential
investors of the opportunity to act as the sponsor of the Companys plan of reorganization. As a
result of KPMGCFs marketing efforts, 26 parties entered into non-disclosure agreements and were
provided access to information about the Company and its management. Ultimately, the Company
received six non-binding letters of intent from interested third parties, each of whom is believed
to be financially qualified to serve as a prospective plan proponent.
The Company is evaluating each of these proposals to determine whether the implementation of any of
such proposals through a plan of reorganization is in the best interest of the Company, its
creditors and its various other constituencies. The Bankruptcy Courts extension of the exclusivity
period allows the Company, its advisors and the various constituents to continue to pursue
negotiations with the prospective plan proponents in an attempt to maximize the value to be
received from a plan of reorganization. The Company cannot provide assurance that any of these
proposals will be acceptable to the Company or certain of its constituents or that any plan of
reorganization will be confirmed by the Bankruptcy Court.
Documents filed with the Bankruptcy Court in connection with the Companys bankruptcy case (other
than documents filed under seal or otherwise subject to confidentiality protections) will be
accessible at the Bankruptcy Courts Internet site, www.cacd.uscourts.gov, through an account
obtained from Pacer Service Center at 1-800-676-6856. Additional information may also be found at
the Companys website at www.fremontgeneral.com under Restructuring Information where you will
find the following link www.kccllc.net/fremontgeneral. The information set forth on the
foregoing websites shall not be deemed to be a part of or incorporated by reference into this Form
8-K.
Cautionary Statement Regarding Forward Looking Statements
Certain statements contained in this Current Report on Form 8-K may be deemed to be forward-looking
statements under federal securities laws and the Company intends that such forward-looking
statements be subject to the safe-harbor created thereby. The Company cautions that these
statements are qualified by important factors that could cause actual results to differ materially
from those reflected by the forward-looking statements. Such factors include, but are not limited
to, the outcome of litigation concerning certain causes of action of the Company, the results of
the Companys review of submitted claims and the Companys ability to resolve contingent and
unliquidated claims. Additional information on these and other factors is contained in the
Companys Securities and Exchange Commission filings. The Company assumes no, and hereby disclaims
any, obligation to update the forward-looking statements contained in this Current Report on Form
8-K.
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 hereunto duly authorized.
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FREMONT GENERAL CORPORATION
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Date: February 25, 2009 |
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/s/ Richard A. Sanchez
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Name: |
Richard A. Sanchez |
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Title: |
Interim President and Chief
Executive Officer |
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