bphc8k010708.htm
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): January 07, 2008
BERRY
PLASTICS HOLDING CORPORATION
(Exact
name of Registrant as specified in its charter)
Delaware
(State
of
Incorporation)
333-138380
(Commission
File Numbers)
35-1814673
(I.R.S.
Employer Identification No.)
101
Oakley Street
Evansville,
Indiana 47710
(Address
of principal executive offices)
(812)
424-2904
(Registrant’s
telephone number, including area code)
N.A.
(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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[
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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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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))
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Item
5.03. AMENDMENTS TO ARTICLES OF INCORPORATION OR BYLAWS; CHANGE OF
FISCAL YEAR
On
December 29, 2007, Berry Plastics Holding Corporation completed an internal
entity restructuring. Pursuant to this restructuring, effective
December 28, 2007, Berry Plastics Corporation converted to Berry Plastics,
LLC
and then merged with and into Berry Plastics Holding
Corporation. Also on December 28, 2007 the following subsidiaries of
Berry Plastics Holding Corporation converted from corporations to limited
liability companies pursuant to Delaware statutory
procedures: Poly-Seal Corporation, Berry Plastics Iowa Corporation,
Berry Plastics Design Corporation, Aerocon, Inc., Kerr Group, Inc., Saffron
Acquisition Corp. and Sun Coast Industries, Inc. converted to Poly-Seal, LLC;
Berry Iowa, LLC; Berry Plastics Design, LLC; Aerocon, LLC; Kerr Group, LLC;
Saffron Acquisition, LLC and Sun Coast Industries, LLC,
respectively.. Further, Landis Plastics, Inc., an Illinois
corporation, merged with and into Landis Plastics, LLC, a Delaware limited
liability company, recently formed as a direct subsidiary of Berry Plastics
Corporation.
In
addition, Berry Plastics Holding Corporation changed its name to Berry Plastics
Corporation, and Berry Plastics Acquisition Corporation VII changed its name
to
Berry Plastics Opco, Inc., each effective as of December 29, 2007.
Item 9.01
Financial Statements and Exhibits.
(d)
Exhibits.
3.5
Certificate of Amendment of Certificate of
Incorporation of Berry Plastics Holding Corporation
SIGNATURE
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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BERRY
PLASTICS HOLDING CORPORATION
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Date:
January 7, 2008
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By:
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\s\
James M. Kratochvil
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Name:
James M. Kratochvil
Title:
Executive Vice President, Chief
Financial
Officer, Treasurer and Secretary
of
the entities listed above
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