8-KOther Events

SOUTHERN CO 8-K Report, Corporate Update (Mar 30, 2005)

Filed March 30, 2005For Securities:SOSOJESOJFSOJCSOJDSOMN

Summary

Southern Company (SO) filed an 8-K on March 30, 2005, to disclose significant developments regarding the bankruptcy proceedings of Mirant Corporation. Mirant's board of directors has authorized litigation against Southern Company to recover approximately $1.945 billion in transfers made between 1999 and 2001. These transfers include dividends, repayment of intercompany loans, and a stock redemption involving subsidiaries. Southern Company maintains that there is no valid basis for these claims and intends to vigorously defend itself.

Key Highlights

  • 1Mirant Corporation has authorized litigation against Southern Company to recover alleged transfers totaling approximately $1.945 billion.
  • 2The disputed transfers occurred between 1999 and 2001 and include dividends, intercompany loan repayments, and a stock redemption.
  • 3Southern Company states that it believes there is no meritorious basis for Mirant's claims.
  • 4Southern Company intends to vigorously defend itself against any legal action brought by Mirant.
  • 5The filing references previous disclosures in Southern Company's Form 10-K for the year ended December 31, 2004, regarding the Mirant bankruptcy matter.
  • 6The ultimate outcome of any potential litigation is currently indeterminable.

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