UNITED STATES
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) April 3, 2008
MYERS INDUSTRIES, INC.
(Exact name of registrant as specified in its charter)
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Ohio
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1-8524
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34-0778636 |
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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 Number) |
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1293 South Main Street, Akron, OH
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44301 |
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(Address of Principal Executive Offices)
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(Zip Code) |
Registrants Telephone Number, including area code (330) 253-5592
(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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Written communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425) |
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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)) |
Item 1.02. Termination of a Material Definitive Agreement
On April 3, 2008, the Company, Myers Holdings
Corporation (f/k/a MYEH Corporation) (Parent) and
Myers Acquisition Corporation (f/k/a MYEH Acquisition
Corporation) (MergerCo) entered into a letter
agreement terminating the merger transaction (the
Letter Agreement) pursuant to Section 8.1 of the
Agreement and Plan of Merger by and among the Company,
Parent and MergerCo, dated April 24, 2007 (the Merger
Agreement) and as amended by that certain letter
agreement, by and among Parent, MergerCo and the
Company, dated December 9, 2007 (the December 9
Letter Agreement). The full text of the Merger
Agreement was filed with the SEC on April 26, 2007 as
Exhibit 10.1 to the Current Report on Form 8-K. The
full text of the December 9 Letter Agreement was filed
with the SEC on December 9, 2007 as Exhibit 99.1 to
the Current Report on Form 8-K. The full text of the
Letter Agreement is attached as Exhibit 99.1 to this
Current Report on Form 8-K. On April 4, 2008, the
Company issued a press release announcing entry into
the Letter Agreement. The full text of the press
release issued in connection with the announcement is
attached as Exhibit 99.2 to this Current Report on
Form 8-K.
Item 9.01. Financial Statements and Exhibits
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99.1
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Letter Agreement dated April 3, 2008. |
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99.2
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Press Release dated April 4, 2008. |
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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Myers Industries, Inc.
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(Registrant) |
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DATE April 4, 2008 |
By: |
/s/ Donald A. Merril
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Donald A. Merril |
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Vice President,
Chief Financial Officer and Secretary |
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