ITEM 5.04. TEMPORARY SUSPENSION OF TRADING UNDER REGISTRANT'S EMPLOYEE BENEFIT
PLANS.
On June 2, 2009, Republic Services, Inc. (the "Company" or "Republic") sent a
notice to its directors and executive officers informing them of a proposed
blackout period (the "Blackout Period") regarding the Republic Services 401(k)
Plan (the "Republic Plan"), and a prohibition on engaging in any non-exempt
transactions in equity securities of the Company during the Blackout Period (the
"Notice").
The Blackout Period was required in order to effect a merger of the Republic
Plan into the Allied Waste Industries, Inc. 401(k) Plan (the "Allied Plan")
through a direct transfer of all assets under the Republic Plan to the Allied
Plan, resulting in changing the record-keeper of the Republic Plan, the trustee
of the Republic Plan and the investment options available in both the Republic
Plan and Allied Plan.
The Blackout Period for the Republic Plan is expected to begin at 3:00 p.m.
Eastern time on June 26, 2009 and end on July 10, 2009. A notice of the Blackout
Period was sent to participants and beneficiaries under the Republic Plan on
May 26, 2009.
During the Blackout Period, participants in the Republic Plan will be
temporarily unable to access their account information, direct or diversify
investments in their individual accounts (including their investments in
Republic's common stock), obtain a loan or obtain a distribution.
The Notice was provided to the Company's directors and executive officers
pursuant to the requirements of Section 306 of the Sarbanes-Oxley Act of 2002
and Rule 104 of the Securities and Exchange Commission's Regulation BTR. A copy
of the Notice is attached as Exhibit 99.1 to this Current Report on Form 8-K and
incorporated by reference herein.
A participant in the Republic Plan, a security holder or other interested person
may obtain, without charge, information regarding the Blackout Period, including
the actual ending date of the Blackout Period. Information may be obtained
before, during and for at least two years after the Blackout Period by
contacting Michael Rissman, acting General Counsel, at the following: Republic
Services, Inc., 18500 North Allied Way, Phoenix, Arizona 85054, (480) 627-2700.