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TIBB > SEC Filings for TIBB > Form 8-K on 23-Sep-2009All Recent SEC Filings

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Form 8-K for TIB FINANCIAL CORP.


23-Sep-2009

Other Events


ITEM 8.01 OTHER EVENTS

TIB Financial Corp. received a request from the Federal Reserve Bank of Atlanta for the Company's Board of Directors to adopt a resolution that it will not declare or pay any dividends on its outstanding common or preferred stock, nor will it make any payments or distributions on the outstanding trust preferred securities or corresponding subordinated debentures, without the prior written approval of the Reserve Bank. The Board intends to adopt this resolution in October. Pursuant to the resolution, upon adoption, the Company must submit any such request 30 days prior to the date on which it wishes to declare or make such payments. The Company has an interest payment of approximately $105,000 payable on October 7, 2009 on its $20,000,000 of trust preferred securities due July 7, 2036. Accordingly, the Company notified the trustee of the trust preferred securities on September 21, 2009, as required by the indenture agreement, of its election to defer interest payments. The indenture agreement, under which the trust preferred securities are issued, allows the Company the right to defer interest payments up to 20 calendar quarters. Such an election to defer payments is not considered a default. During the period that the Company is deferring these interest payments, it may not pay any cash dividends on its common or preferred stock or repurchase any securities. As required, upon adoption of the resolution we intend to request permission from the Reserve Bank to make payments of interest on our trust preferred securities and the cash dividend payments on our Series A Preferred Shares issued to the United States Treasury. However, we can offer no assurance that such permission will be granted.

The information contained in this Current Report shall not be deemed "filed" for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the Exchange Act), or incorporated by reference in any filing under the Securities Act of 1933, as amended, or the Exchange Act, except as shall be expressly set forth by specific reference in such a filing.

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