Pac-West Telecomm, Inc. 8-K SBC Settlement Amendment 10.04


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

October 21, 2004

Date of Report (Date of earliest event reported)

 
Commission File Number: 000-27743

 
PAC-WEST TELECOMM, INC.
(Exact name of registrant as specified in its charter)

        California                        68-0383568
        (State or other jurisdiction of                    (I.R.S. Employer Identification No.)
        incorporation or organization)

     1776 W. March Lane, Suite 250                          95207
    Stockton, California                    (Zip Code)
    (Address of principal executive offices)

            (209) 926-3300
(Registrant’s telephone number, including area code)

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:
 
¨
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 1.01 Entry into a Material Definitive Agreement.
 


On October 21, 2004, Pac-West Telecomm, Inc. (“Pac-West”) and SBC California (“SBC”) entered into Amendment No. 1 (the “Amendment”) to the Settlement Agreement between the two parties dated July 28, 2004. The Amendment resolves certain disputes between the two parties. Under the terms of the Amendment, SBC agrees to pay Pac-West $5,850,000.

On October 22, 2004, Pac-West issued a press release announcing this Amendment, which is attached as Exhibit 99.1 to this Current Report.
 
 
 
 

Item 9.01 Financial Statements and Exhibits.

(c) Exhibits.

99.1
Press Release dated October 22, 2004






 
 











  
     

 

SIGNATURES


Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the Registrant has duly caused this report to be signed on its behalf by the undersigned, hereunto duly authorized.


PAC-WEST TELECOMM, INC.
(Registrant)



Dated: October 22, 2004


By: /s/ Peggy Mc Gaw
 
Peggy Mc Gaw
Vice President Finance



 
     

 

 

INDEX TO EXHIBITS


99.1
Press Release dated October 22, 2004