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

 

December 6, 2010

Date of Report (date of earliest event reported)

 

Cubic Corporation

(Exact name of registrant as specified in its charter)

 

Delaware

(State of incorporation or organization)

 

1-8931

(Commission File No.)

 

95-1678055

(I.R.S. Employer Identification No.)

 

 

 

 

 

9333 Balboa Avenue

San Diego, California

(Address of principal executive offices)

 

 

 

92123

(Zip Code)

 

Registrant’s telephone number, including area code: (858) 277-6780

 

N/A

(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:

 

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 14-d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)).

 

 

 

o

 

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

 

 

 



 

Item 1.01 Entry into a Material Definitive Agreement.

 

Cubic Corporation today received approval from the Department of Justice and Federal Trade Commission under the Hart Scott Rodino (HSR) Antitrust Improvements Act expressing no objection to Cubic’s Agreement and Plan of Merger with Abraxas Corporation and certain shareholders of Abraxas.  The signing of this agreement was first announced on November 15, 2010.

 

2



 

SIGNATURES

 

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this registration statement to be signed on its behalf by the undersigned hereunto duly authorized.

 

Date: 

December 6, 2010

 

CUBIC CORPORATION

 

 

 

 

 

 

By: 

/s/ William L. Hoese

 

 

Name: 

William L. Hoese

 

 

Title: 

General Counsel

 

3