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 29, 2008

 

 

Aquila, Inc.

(Exact name of registrant as specified in charter)

 

 

 

Delaware

1-03562

44-0541877

(State or other

(Commission

(IRS Employer

Jurisdiction of

File Number)

Identification

Incorporation)

 

No.)

 

 

 

20 West 9 th , Kansas City, Missouri

64105

(Address of principal executive offices)

(Zip Code)

 

 

 

Registrant’s telephone number including area code:

(816) 421-6600

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the obligation of the registrant under any of the following provisions:

 

o Written communication pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

Item 1.01 Entry into a Material Definitive Agreement.

 

On April 29, 2008, Aquila, Inc., Great Plains Energy Incorporated, and Black Hills Corporation extended the termination date of their Agreement and Plan of Merger, Asset Purchase Agreement and Partnership Interests Purchase Agreement (each of which is dated February 6, 2007) from May 1, 2008 to August 6, 2008.  A copy of the mutual extension is attached as Exhibit 10.1 to this Form 8-K and is incorporated herein by reference.

 

Item 9.01 Financial Statements and Exhibits.

 

(d)

Exhibits

 

 

10.1

Mutual Notice of Extension dated April 29, 2008, by and among Black Hills Corporation, Aquila, Inc., and Great Plains Energy Incorporated.

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.

 

Aquila, Inc.

 

 

 

By:

/s/ Christopher M. Reitz

 

Christopher M. Reitz

Senior Vice President, General Counsel and Secretary

 

Date: April 29, 2008

 

 

 

 

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