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): April 22, 2010
LIBBEY INC.
(Exact name of registrant as specified in its charter)
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Delaware
(State of incorporation)
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1-12084
(Commission File Number)
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34-1559357
(IRS Employer identification No.) |
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300 Madison Avenue
Toledo, Ohio
(Address of principal executive offices)
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43604
(Zip Code) |
Registrant’s telephone number, including area code: (419) 325-2100
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the
filing obligations of the registrant under any of the following provisions (see General
Instructions A.2. below):
o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))
Item 8.01.
Other Events
To facilitate the approval of the Amended and Restated 2006 Omnibus Incentive Plan, the
Company commits that, with respect to the number of shares subject to awards granted over the next
three fiscal years (2010 — 2012), we will maintain an average annual burn rate (awards granted
divided by weighted average shares outstanding) over that period that does not exceed 4.08% of the
weighted average number of common shares outstanding as of the end of the three fiscal years. The
4.08% cap is computed as the average of the 2009 (4.79%) and 2010 (3.37%) burn rate caps as
published by Institutional Shareholder Services with respect to the company’s GICS group. For
purposes of calculating the number of shares granted in a particular year, all awards will first be
converted into option-share equivalents. Each share underlying option awards shall count as
equivalent to one option share. Each share that is subject to awards other than options will count
as equivalent to one and one-half option shares.