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

May 5, 2009

Date of Report (Date of earliest event reported)

 

 

ATMOS ENERGY CORPORATION

(Exact Name of Registrant as Specified in its Charter)

 

 

 

TEXAS AND VIRGINIA   1-10042   75-1743247

(State or Other Jurisdiction

of Incorporation)

  (Commission File Number)  

(I.R.S. Employer

Identification No.)

 

1800 THREE LINCOLN CENTRE,

5430 LBJ FREEWAY, DALLAS, TEXAS

  75240
(Address of Principal Executive Offices)   (Zip Code)

(972) 934-9227

(Registrant’s Telephone Number, Including Area Code)

Not Applicable

(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:

 

¨ 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 5.02. Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers.

 

  (c) On May 5, 2009, Christopher T. Forsythe, director, financial reporting of Atmos Energy, was appointed by the Board of Directors as vice president and controller, effective May 5, 2009. Mr. Forsythe, 37, joined Atmos Energy in June 2003 and was promoted to director, financial reporting in September 2003. Before joining the company, he was a senior manager with PricewaterhouseCoopers LLP in the firm’s audit and business advisory services group, where he began his career upon graduation from Baylor University in 1993. Like all other employees of Atmos Energy, Mr. Forsythe is an “at will” employee of the company and therefore does not have an employment agreement. However, Mr. Forsythe will participate in all applicable incentive, benefit, change in control and other executive compensation plans. Mr. Forsythe has not received any grant or award under any company plan, contract or arrangement in connection with his appointment. A copy of the news release issued on May 5, 2009 announcing Mr. Forsythe’s appointment is filed herewith as Exhibit 99.1 and is incorporated herein into this Item 5.02 by reference.

 

  (d) On May 6, 2009, Robert C. Grable was elected to the Board of Directors of the Company, effective May 6, 2009, with his term expiring at the 2010 annual meeting of shareholders on February 3, 2010. The Board of Directors also appointed Mr. Grable to serve as a member of the Audit Committee and Human Resources Committee, also effective May 6, 2009. Mr. Grable will participate in all applicable compensation and benefit plans offered by the company to its directors. Mr. Grable has not received any grant or award under any company plan, contract or arrangement in connection with his election. A copy of a news release issued on May 6, 2009 announcing Mr. Grable’s election to the Board of Directors is filed herewith as Exhibit 99.2 and is incorporated herein into this Item 5.02 by reference.

 

Item 9.01. Financial Statements and Exhibits.

 

  (d) Exhibits.

 

99.1    News Release issued by Atmos Energy Corporation dated May 5, 2009
99.2    News Release issued by Atmos Energy Corporation dated May 6, 2009

 

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SIGNATURE

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.

 

  ATMOS ENERGY CORPORATION
 

(Registrant)

DATE: May 7, 2009   By:  

/s/ LOUIS P. GREGORY

    Louis P. Gregory
    Senior Vice President and General Counsel

 

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INDEX TO EXHIBITS

 

Exhibit
Number

  

Description

99.1    News Release issued by Atmos Energy Corporation dated May 5, 2009
99.2    News Release issued by Atmos Energy Corporation dated May 6, 2009

 

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Exhibit 99.1

 

LOGO

  News Release

 

Media Contact:

  Analysts Contact:

Gerald Hunter 972-855-3116

  Susan Giles 972-855-3729

Atmos Energy Corporation Promotes

Christopher T. Forsythe to Vice President and Controller

DALLAS (May 5, 2009)—Atmos Energy Corporation (NYSE: ATO) said today it has promoted Christopher T. Forsythe from director, financial reporting, to vice president and controller. He succeeds Fred E. Meisenheimer, who was named senior vice president and chief financial officer in February.

“Chris has done a tremendous job over the past six years while heading up our financial reporting function,” said Meisenheimer. “We are fortunate to have such a talented and respected individual to take over as controller of the company.”

Forsythe, 37, joined Atmos Energy in June 2003 and was promoted to director, financial reporting, in September 2003. Before joining Atmos Energy, he was a senior manager with PricewaterhouseCoopers LLP in the firm’s audit and business advisory services group, where he began his career after graduating from Baylor University in 1993. Forsythe holds Bachelor of Business Administration degrees in accounting and management information systems. He is a member of the Texas Society of Certified Public Accountants.

Atmos Energy Corporation, headquartered in Dallas, is the country’s largest natural-gas-only distributor, serving about 3.2 million natural gas distribution customers in more than 1,600 communities in 12 states from the Blue Ridge Mountains in the East to the Rocky Mountains in the West. Atmos Energy also provides natural gas marketing and procurement services to industrial, commercial and municipal customers primarily in the Midwest and Southeast and manages company-owned natural gas pipeline and storage assets, including one of the largest intrastate natural gas pipeline systems in Texas. Atmos Energy is a Fortune 500 company. For more information, visit www.atmosenergy.com.

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Exhibit 99.2

 

LOGO

  News Release

 

Media Contact:

  Analysts Contact:

Gerald Hunter 972-855-3116

  Susan Giles 972-855-3729

Atmos Energy Corporation Elects

Robert C. Grable to Board of Directors

DALLAS (May 6, 2009)—Atmos Energy Corporation (NYSE: ATO) said today it has elected Robert C. Grable to its board of directors, increasing the board’s size to 14 directors. He will serve on the board’s Audit Committee and Human Resources Committee.

Grable is a partner at Kelly Hart & Hallman LLP and one of seven founding members of the firm, which was established in 1979 in Fort Worth. He heads the firm’s energy practice group and is board certified in oil, gas and mineral law by the Texas Board of Legal Specialization. From 1991 to 1992, he served as chairman of the Oil, Gas and Energy Resources Law Section of the State Bar of Texas.

“Bob Grable has not only a stellar legal background, but also an encyclopedic knowledge of the oil and gas industry—from domestic production and royalty rights to foreign offshore concessions and international governmental relations,” said Robert W. Best, chairman and chief executive officer of Atmos Energy Corporation. “We look forward to adding his counsel and experience to our board.”

In his law practice, Grable represents clients mainly in litigation and administrative hearings that involve the petroleum industry. He has represented independent producers, major oil companies, pipelines and royalty owners in a variety of litigation in state and federal trial and appellate courts as well as before state and federal administrative agencies. He is counsel of record in more than 30 appellate decisions, including five significant oil and gas opinions of the Texas Supreme Court, in all of which he represented the prevailing party. He also has represented clients in Europe and the Middle East in international oil and gas operations.

Grable earned a bachelor’s degree from Southern Methodist University and graduated with high honors from The University of Texas School of Law. He was a member of the Order of the Coif and Chancellors, an associate editor of the Texas Law Review and Grand Chancellor of his class. From 1972 to 1974, he served on active duty as a lieutenant in the Judge Advocate General’s Corps of the United States Navy.

He currently is president and a trustee of The University of Texas Law School Foundation, a member of the McDonald Observatory and Astronomy Board of Visitors at The University of Texas at Austin and a member of The University of Texas Development Board and Chancellor’s Council Executive Committee. He is a former chairman and member of the management committee of the Texas Ballet Theater.


Grable has been listed in the prestigious “Best Lawyers in America” since 1995. He speaks frequently about issues in oil, gas and mineral law and has authored numerous papers in the field. He and his wife, Marty, reside in Fort Worth, where they are active in their church and a number of social organizations. They have two grown children.

Atmos Energy Corporation, headquartered in Dallas, is the country’s largest natural-gas-only distributor, serving about 3.2 million natural gas distribution customers in more than 1,600 communities in 12 states from the Blue Ridge Mountains in the East to the Rocky Mountains in the West. Atmos Energy also provides natural gas marketing and procurement services to industrial, commercial and municipal customers primarily in the Midwest and Southeast and manages company-owned natural gas pipeline and storage assets, including one of the largest intrastate natural gas pipeline systems in Texas. Atmos Energy is a Fortune 500 company. For more information, visit www.atmosenergy.com.

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