8-KOther Events

CURTISS WRIGHT CORP 8-K Report (Dec 3, 2001)

Filed December 3, 2001For Securities:CW

Summary

Curtiss-Wright Corporation (CW) filed an 8-K on December 3, 2001, detailing a significant recapitalization of its common stock completed on November 29, 2001. This recapitalization involved the creation of a new Class B common stock. As part of this transaction, Unitrin, Inc., a major shareholder, exchanged its existing common stock for Class B common stock and subsequently distributed these shares to its own stockholders. The primary impact for investors concerns the governance structure. Holders of the newly created Class B Common Stock will now have the right to elect at least 80% of Curtiss-Wright's Board of Directors, while existing common stockholders will be entitled to elect up to 20%. The company also amended its Restated Certificate of Incorporation to eliminate shareholders' ability to act by written consent or call special meetings, and instituted a two-thirds shareholder vote requirement for amending certain charter provisions. These changes represent a notable shift in corporate control and shareholder rights.

Key Highlights

  • 1Curtiss-Wright Corporation completed a stock recapitalization on November 29, 2001.
  • 2A new Class B common stock was created as part of the recapitalization.
  • 3Unitrin, Inc. exchanged its common stock for Class B stock and distributed it to its shareholders.
  • 4Class B common stock holders gain significant voting control, able to elect at least 80% of the Board of Directors.
  • 5Existing common stock holders will elect up to 20% of the Board of Directors.
  • 6Shareholder rights to act by written consent and call special meetings have been eliminated.
  • 7A two-thirds shareholder vote is now required to amend certain provisions of the Restated Certificate of Incorporation.

Frequently Asked Questions

The recapitalization was consummated to meet certain tax requirements and resulted in a significant restructuring of the company's common stock and corporate governance.

As an existing common stockholder, your ability to elect directors is now limited to a maximum of 20% of the Board of Directors. The majority voting power has shifted to the holders of the new Class B Common Stock.

No, Curtiss-Wright amended its Restated Certificate of Incorporation to eliminate the shareholders' ability to act by written consent or to call a special meeting.

With Class B shareholders controlling at least 80% of the Board, they will have the dominant influence over corporate strategy, executive appointments, and major company decisions going forward.