ALLIED HOLDINGS, INC.
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 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) February 2, 2007
ALLIED HOLDINGS, INC.
(Exact Name of Registrant as Specified in its Charter)
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Georgia
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0-22276
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58-0360550 |
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(State or Other Jurisdiction
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(Commission
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(IRS Employer |
of Incorporation)
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File Number)
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Identification No.) |
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160 Clairemont Avenue, Suite 200, Decatur, Georgia
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30030 |
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(Address of Principal Executive Offices)
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(Zip Code) |
Registrants telephone number, including area code (404) 373-4285
Not Applicable
(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:
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
On February 2, 2007, Allied Holdings, Inc. (Allied or the Company) filed with the U.S.
Bankruptcy Court for the Northern District of Georgia a motion to reject the Companys collective
bargaining agreement with affiliates of the International Brotherhood of Teamsters (the U.S.
Teamsters) pursuant to Section 1113 of the U.S. Bankruptcy Code. A copy of the motion is
furnished with this Current Report as Exhibit 99.1 and is incorporated by reference into this Item
8.01.
Statements in this Current Report on Form 8-K, including the exhibits furnished herewith, that
are not strictly historical are forward-looking statements. Such statements include, without
limitations, any statements containing the words believe, anticipate, estimate, expect,
intend, plan, seek, and similar expressions. These forward-looking statements involve a
number of risks and uncertainties including risks and uncertainties relating to the following:
Allieds ability to negotiate a new collective bargaining agreement with its employees in the U.S.
represented by the U.S. Teamsters; the impact on the Company if the court denies Allieds motion to
reject the collective bargaining agreement with the U.S. Teamsters; labor disputes involving Allied
or its significant customers; the impact of the Chapter 11 proceedings and the related
circumstances which could materially affect the amounts of assets and liabilities included in the
consolidated financial statements or the Companys market share; risks associated with Allieds
ability to obtain approval of and/or to implement its plan of reorganization; risks associated with
Allieds ability to obtain exit financing to replace the Debtor-In-Possession Credit Facility;
sufficient cash availability for the Company to meet its working capital need; the ability to
comply with the terms of our current debt agreements and customer contracts; economic recessions or
downturns in new vehicle production or sales; the highly competitive nature of the automotive
distribution industry; dependence on the automotive industry and ongoing initiatives of customers
to reduce costs; loss or reduction of revenues generated by the Companys major customers or the
loss of any such customers; the variability of OEM production and seasonality of the automotive
distribution industry; Allieds highly leveraged financial position; Allieds ability to obtain
financing in the future; Allieds ability to fund future capital requirements; increased costs,
capital expenditure requirements and other consequences of the Companys aging fleet of Rigs as
well as Rig purchasing cycles; dependence on key personnel; and the availability of qualified
drivers.
Many of these factors could cause Allieds actual results to differ materially from those
suggested by the forward-looking statements and are beyond the Companys ability to control or
predict. Allied cautions readers not to place undue reliance on the forward-looking statements and
Allied also disclaims any obligation to update or review forward-looking statements, except as may
be required by law.
Item 9.01 Financial Statements and Exhibits
(d) Exhibits
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99.1 |
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Motion to Reject Collective Bargaining Agreement with the U.S. Teamsters, as
filed with the U.S. Bankruptcy Court for the Northern District of Georgia on February
2, 2007. |
SIGNATURES
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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ALLIED HOLDINGS, INC. |
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Dated: February 5, 2007
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By:
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/s/ Thomas H. King |
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Name: Thomas H. King
Title: Executive Vice President and Chief Financial Officer |
Exhibit Index
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Exhibit No. |
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Description of Exhibit |
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99.1
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Motion to Reject Collective Bargaining Agreement with the
U.S. Teamsters, as filed with the U.S. Bankruptcy Court
for the Northern District of Georgia on February 2, 2007. |