8-K 1 e15877_8k.txt FORM 8-K 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): October 13, 2003 BUSH INDUSTRIES, INC. ----------------------------------------------- (Exact name of registrant as specified in its charter) Delaware 1-8884 16-0837346 -------------------------------------------------------------------------------- (State or other (Commission File (I.R.S. Employer jurisdiction Number) Identification of incorporation) No.) One Mason Drive P.O. Box 460 Jamestown, New York 14702-0460 ---------------------------------------------------------------------- (Address of principal executive offices) Registrant's telephone number, including area code: (716) 665-2000 N/A ---------------------------------------------------------------------- (Former name or former address, if changed since last report) Item 12. Results of Operations and Financial Condition. On October 13, 2003, the Registrant issued a press release with respect to its third quarter 2003 results of operations, a copy of which is furnished as Exhibit 99 hereto. The information in this Current Report on Form 8-K, including the exhibit, is being furnished and shall not be deemed "filed" for purposes of Section 18 of the Securities Exchange Act of 1934 (the "Exchange Act") or otherwise subject to the liabilities of that section, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933 or the Exchange Act. 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. BUSH INDUSTRIES, INC. By: /s/ Robert L. Ayres ------------------------------------------- Date: October 13, 2003 Robert L. Ayres, President, Chief Financial Officer and Chief Operating Officer 2

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 25, 2003

BUSH INDUSTRIES, INC.

(Exact name of registrant as specified in its charter)

Delaware		1-8884		16-0837346
(State or other jurisdiction of incorporation)		(Commission File Number)		(I.R.S. Employer Identification No.)

One Mason Drive

P.O. Box 460

Jamestown, New York 14702-0460

(Address of principal executive offices)

Registrant’s telephone number, including area code: (716) 665-2000

N/A

(Former name or former address, if changed since last report)

Item 5. Other Events.

In accordance with the terms of the Seventh Amendment (the “Seventh Amendment”), dated as of February 28, 2003, to that certain Credit and Guarantee Agreement, dated as of June 26, 1997, as amended (the “Credit Agreement”), by and among Bush Industries, Inc. (the “Registrant” or the “Company”), and JPMorgan Chase Bank, as administrative agent for the lenders, and certain other banks, the Company and certain of its subsidiaries executed and delivered to the administrative agent, mortgages and/or deeds of trust with respect to the Company’s Jamestown, New York, Erie, Pennsylvania, and Greensboro, North Carolina properties.

The mortgages executed and delivered by the Company are attached as Exhibits hereto.

In addition, the Company entered into an Agreement, dated as of May 23, 2003, with Gregory P. Bush, with respect to the termination of such person’s employment relationship with the Company.

Item 7. Financial Statements and Exhibits.

10.1		Mortgage, Security Agreement, Fixture Filing and Assignment of Leases and Rents, dated as of April 29, 2003.
10.2		Third Open-End Fee and Leasehold Mortgage, Security Agreement, Fixture Filing and Assignment of Leases and Rents, dated as of April 25, 2003.
10.3		Deed of Trust, Security Agreement and Assignment of Leases and Rents, dated as of April 29, 2003.
10.4		Agreement dated as of May 23, 2003 by and between the Company and Gregory P. Bush.

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.

	BUSH INDUSTRIES, INC.
Date: August 6, 2003	By:	/s/ ROBERT L. AYRES
		Robert L. Ayres, President, Chief Financial Officer and Chief Operating Officer

Exhibit Index

Exhibit No.		Description
10.1		Mortgage, Security Agreement, Fixture Filing and Assignment of Leases and Rents, dated as of April 29, 2003.
10.2		Third Open-End Fee and Leasehold Mortgage, Security Agreement, Fixture Filing and Assignment of Leases and Rents, dated as of April 25, 2003.
10.3		Deed of Trust, Security Agreement and Assignment of Leases and Rents, dated as of April 29, 2003.
10.4		Agreement dated as of May 23, 2003 by and between the Company and Gregory P. Bush.

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