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 28, 2003
THE BANK OF NEW YORK COMPANY, INC.
(exact name of registrant as specified in its charter)
New York
(State or other jurisdiction of incorporation)
| 1-6152 |
13-2614959 | |
| (Commission file number) |
(I.R.S. employer | |
| One Wall Street, New York, NY |
10286 | |
| (Address of principal |
(Zip code) | |
| 212-495-1784 |
||
| (Registrant’s telephone number, |
Item 5 Other Events
Ten exhibits are filed herewith in connection with the Registration Statement on Form S-3 (File Nos. 333-103003, 333-103003-01, 333-103003-02, 333-103003-03, 333-103003-04) filed by The Bank of New York Company, Inc. (the “Company”) with the Securities and Exchange Commission covering the Company’s Senior Subordinated Medium-Term Notes, Series F and Senior Medium-Term Notes Series E (collectively, the “Notes”), issuable under an Indenture, dated as of October 1, 1993 between the Company and J.P. Morgan Trust Company (the “Senior Subordinated Indenture”) and an Indenture, dated as of July 18, 1991 between the Company and Deutsche Bank Trust Company Americas, respectively (the “Senior Indenture”).
Item 7 Financial Statements, Pro Forma Financial Information and Exhibits
(c) Exhibits
The following exhibits are filed herewith:
| 1.1 |
Distribution Agreement, dated June 26, 2002 among the Registrant and Banc of America Securities LLC, Credit Suisse First Boston Corporation, Goldman, Sachs & Co., J.P. Morgan Securities Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. Incorporated, Salomon Smith Barney Inc., UBS Warburg LLC and BNY Capital Markets, Inc., as Agents, incorporated by reference to Exhibit 1.3 to the Company’s registration statement on Form S-3 File No. 333-103003, 333-103003-01, 333-103003-02, 333-103003-03, 333-103003-04. | |||
| 1.2 |
Distribution Agreement, dated March 28, 2003 between the Company and Merrill Lynch, Pierce, Fenner & Smith Incorporated, as Agent. |
| 4.1 |
Form of the Company’s Global Medium Term Fixed Rate Note, incorporated by reference to Exhibit 4.1 to the Company’s Current Report on Form 8-K dated June 26, 2002. | |||
| 4.2 |
Form of the Company’s Global Medium Term Floating Rate Note, incorporated by reference to Exhibit 4.2 to the Company’s Current Report on Form 8-K dated June 26, 2002. | |||
| 4.3 |
Officers’ Certificate dated June 26, 2002 pursuant to Sections 201 and 301 of the Senior Subordinated Indenture, incorporated by reference to Exhibit 4.3 to the Company’s Current Report on Form 8-K dated June 26, 2002. | |||
| 4.4 |
Officers’ Certificate dated June 26, 2002 pursuant to Sections 201 and 301 of the Senior Indenture, incorporated by reference to Exhibit 4.4 to the Company’s Current Report on Form 8-K dated June 26, 2002. | |||
| 4.5 |
Officers’ Certificate dated March 28, 2003 pursuant to Section 301 of the Senior Subordinated Indenture. | |||
| 4.6 |
Officers’ Certificate dated March 28, 2003 pursuant to Section 301 of the Senior Indenture. | |||
| 5.1 |
Opinion of Paul A. Immerman, Esq. | |||
| 23.1 |
Consent of Paul A. Immerman, Esq. (included in Exhibit 5). |
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.
Date: April 1, 2003
| The Bank of New York Company, Inc. | ||
| By: |
/S/ THOMAS J. MASTRO | |
| Name: Thomas J. Mastro Title: Comptroller | ||
EXHIBIT INDEX
| Exhibit No. |
Description | |
| 1.1 |
Distribution Agreement, dated June 26, 2002 among the Registrant and Banc of America Securities LLC, Credit Suisse First Boston Corporation, Goldman, Sachs & Co., J.P. Morgan Securities Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. Incorporated, Salomon Smith Barney Inc., UBS Warburg LLC and BNY Capital Markets, Inc., as Agents, incorporated by reference to Exhibit 1.3 to the Company’s registration statement on Form S-3 File No. 333-103003, 333-103003-01, 333-103003-02, 333-103003-03, 333-103003-04. | |
| 1.2 |
Distribution Agreement dated March 28, 2003 between the Company and Merrill Lynch, Pierce, Fenner & Smith Incorporated, as Agent. | |
| 4.1 |
Form of Registrant’s Global Medium-Term Fixed Rate Note, incorporated by reference to Exhibit 4.1 to the Company’s Current Report on Form 8-K dated June 26, 2002. | |
| 4.2 |
Form of Registrant’s Global Medium-Term Floating Rate Note, incorporated by reference to Exhibit 4.2 to the Company’s Current Report on Form 8-K dated June 26, 2002. | |
| 4.3 |
Officers’ Certificate dated June 26, 2002 pursuant to Section 301 of the Senior Subordinated Indenture, incorporated by reference to Exhibit 4.3 to the Company’s Current Report on Form 8-K dated June 26, 2002. | |
| 4.4 |
Officers’ Certificate dated June 26, 2002 pursuant to Section 301 of the Senior Indenture, incorporated by reference to Exhibit 4.4 to the Company’s Current Report on Form 8-K dated June 26, 2002. |
| Exhibit No. |
Description | |
| 4.5 |
Officers’ Certificate dated March 28, 2003 pursuant to Section 301 of the Senior Subordinated Indenture. | |
| 4.6 |
Officers’ Certificate dated March 28, 2003 pursuant to Section 301 of the Senior Indenture. | |
| 5.1 |
Opinion of Paul A. Immerman, Esq. | |
| 23.1 |
Consent of Paul A. Immerman, Esq. (included in Exhibit 5) |