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): |
March 20, 2008 |
TierOne Corporation
|
| (Exact name of registrant as specified in its charter) |
Wisconsin
|
000-50015
|
04-3638672
|
| (State or other |
(Commission File |
(IRS Employer |
| jurisdiction of |
Number) |
Identification No.) |
| incorporation) |
1235 “N” Street, Lincoln, Nebraska 68508
|
| (Address of principal executive offices, including zip code) |
(402) 475-0521
|
| (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 1.02. |
Termination
of a Material Definitive Agreement. |
On
March 20, 2008, the Board of Directors of TierOne Corporation, a Wisconsin corporation
(“TierOne”), terminated that certain Agreement and Plan of Merger, dated May 17,
2007 (the “Merger Agreement”), by and among TierOne, CapitalSource Inc., a
Delaware corporation (“CapitalSource”), and CapitalSource TRS Inc., a Delaware
corporation and a wholly owned subsidiary of CapitalSource. Pursuant to the terms of the
Merger Agreement, either party had the right to terminate the Merger Agreement if the
proposed merger was not completed by February 17, 2008. No termination fee is payable by
TierOne as a result of its termination of the Merger Agreement.
On
March 20, 2008, TierOne issued a press release in connection with the termination of the
Merger Agreement. A copy of such press release is attached hereto as Exhibit 99.1 and is
incorporated herein by reference.
| Item 9.01. |
Financial
Statements and Exhibits. |
| |
(a) |
Financial
Statements of Business Acquired. |
| |
(b) |
Pro
Forma Financial Information. |
| |
(c) |
Shell
Company Transactions. |
| |
The
following exhibit is being furnished herewith: |
| |
99.1 |
Press
Release of TierOne Corporation, dated March 20, 2008. |
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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.
|
TIERONE CORPORATION |
Date: March 21, 2008 |
By: /s/ Gilbert G. Lundstrom |
|
Gilbert G. Lundstrom |
|
Chairman of the Board and Chief Executive Officer |
-2-
TIERONE CORPORATION
Exhibit Index to
Current Report on Form 8-K
Exhibit
Number
| 99.1 |
Press
Release of TierOne Corporation, dated March 20, 2008. |
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