8-KOther EventsExhibits & Filings

BRISTOL MYERS SQUIBB CO 8-K Report, Temporary Suspension of Trading Under Employee Benefit Plans (Dec 1, 2009)

Filed December 1, 2009For Securities:BMYCELG-RIBMYMP

Summary

Bristol-Myers Squibb Company (BMY) has filed an 8-K report to announce a temporary suspension of trading under its employee benefit plans, commonly known as a "blackout period." This action is directly related to the company's planned exchange offer of Mead Johnson Nutrition Company shares for its own common stock. The blackout period is a regulatory requirement designed to prevent insider trading abuses when a significant portion of plan participants' holdings are restricted. This blackout period is anticipated to commence on December 9, 2009, and conclude during the week of December 28, 2009. During this timeframe, directors and executive officers will be prohibited from buying or selling Bristol-Myers Squibb securities acquired through their employment or service with the company, subject to limited exceptions. Investors should note that this event is primarily a procedural and regulatory measure tied to a specific corporate action, rather than a reflection of the company's underlying financial performance.

Key Highlights

  • 1BMY is implementing a temporary trading suspension (blackout period) for its employee benefit plans.
  • 2The blackout period is triggered by a potential exchange offer involving 170.0 million shares of Mead Johnson Nutrition Company.
  • 3The restriction affects directors and executive officers regarding trading of BMY common stock and derivative securities.
  • 4The primary reason for the blackout is to comply with Sarbanes-Oxley Act (SOX) Section 306(a) and SEC Regulation BTR.
  • 5The blackout period is expected to begin on December 9, 2009, and end around the week of December 28, 2009.
  • 6Plan participants may be unable to make certain transactions involving BMY shares held in their company stock funds during this period.

Frequently Asked Questions

A blackout period is a temporary suspension of trading activity in an employer's retirement plan. In this case, for Bristol-Myers Squibb, it restricts directors and executive officers from trading company stock and related securities due to an upcoming exchange offer and regulatory requirements under the Sarbanes-Oxley Act.

The blackout period is being imposed in connection with the company's anticipated exchange offer of Mead Johnson Nutrition Company shares. It's a regulatory requirement that restricts trading by insiders when 50% or more of the participants in the company's retirement plans are subject to similar trading restrictions on company stock held within those plans.

The trading restrictions primarily affect Bristol-Myers Squibb's directors and executive officers. They will be prohibited from directly or indirectly purchasing, selling, acquiring, or transferring any BMY shares or derivative securities acquired in connection with their service or employment during the blackout period.

Bristol-Myers Squibb anticipates the blackout period will begin on December 9, 2009, and is expected to end during the week of December 28, 2009.