- Current report filing (8-K)
August 24 2009 - 4:19PM
Edgar (US Regulatory)
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)
|
August
19, 2009
|
Entergy
Arkansas, Inc.
|
(Exact
name of registrant as specified in its charter)
|
|
Arkansas
|
1-10764
|
71-0005900
|
(State
or other jurisdiction
of
incorporation)
|
(Commission
File
Number)
|
(IRS
Employer
Identification
No.)
|
425
West Capitol Avenue, Little Rock, Arkansas
|
72201
|
(Address
of principal executive offices)
|
(Zip
Code)
|
Registrant’s
telephone number, including area code
|
(501)
377-4000
|
|
(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 (
see
General Instruction
A.2. below):
[
] Written
communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
[
] Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
[
] Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
[
] Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))
Item
5.03 Amendments to Articles of Incorporation or Bylaws; Change in Fiscal
Year.
On August
19, 2009, Entergy Arkansas, Inc. (the “Company”) filed with the Secretary of
State of the State of Arkansas (the “Secretary of State”) its Second Amended and
Restated Articles of Incorporation (the “Second Restatement”). The
Second Restatement was effective as of August 19, 2009.
The
Second Restatement consolidated in one document the two amendments made to the
Amended and Restated Articles of Incorporation (the “First Restatement”) of the
Company subsequent to the filing of the First Restatement with the Secretary of
State on November 12, 1999. The first of those two amendments was
filed with the Secretary of State on August 22, 2005. That first
amendment revised paragraph (4) of paragraph (c) of Article FIFTH of the First
Restatement to eliminate the necessity of the Company to obtain the vote of the
holders of the holders of the $25 Preferred Stock of the Company to amend the
unsecured debt issuance limitation of subparagraph (B) of such paragraph (4); at
the time of the adoption of that first amendment, no shares of $25 Preferred
Stock of the Company were outstanding. The second of those two
amendments was filed with the Secretary of State on March 22,
2006. That second amendment added to paragraph (c) of Article FIFTH
of the First Restatement a new series of shares designated “6.45% Preferred
Stock, Cumulative, $25 Par Value.”
The
Second Restatement also eliminated from paragraph (c) of Article FIFTH of the
First Restatement all references to all series of shares that had been redeemed
subsequent to the filing of the First Restatement, specifically, the 7.32%
Preferred Stock, cumulative, $100 par value; the 7.80% Preferred Stock,
cumulative, $100 par value; the 7.40% Preferred Stock, cumulative, $100 par
value; the 7.88% Preferred Stock, cumulative, $100 par value; the 9.92%
Preferred Stock, cumulative, $25 par value; the 8.52% Preferred Stock,
cumulative, $100 par value; and the $1.96 Preferred Stock, Cumulative, $0.01 Par
Value (Involuntary Liquidation Value $25). The Second Restatement is
attached hereto as an exhibit and the content of the Second Statement is
incorporated herein by reference from such exhibit.
Item
9.01 Financial Statements and Exhibits.
(d)
Exhibits
.
Exhibit No.
|
Description of Exhibit
|
3
|
Second
Amended and Restated Articles of
Incorporation
|
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.
|
Entergy
Arkansas, Inc.
|
|
(Registrant)
|
Date
August 24, 2009
|
|
|
/s/
Theodore H. Bunting, Jr.
|
|
Theodore
H. Bunting, Jr.
Senior
Vice President and Chief Accounting Officer
|
|
|
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