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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): December 1, 2009
FREIGHTCAR AMERICA, INC.
(Exact name of Registrant as specified in its charter)
         
Delaware   000-51237   25-1837219
(State or other
jurisdiction of
incorporation)
  (Commission File Number)   (IRS Employer
Identification
Number)
     
Two North Riverside Plaza, Suite 1250
Chicago, Illinois
  60606
(Address of principal executive offices)   (Zip Code)
(800) 458-2235
(Registrant’s telephone number, including area code)
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 communications 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 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
o     Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
 
 

 


 

Section 5 — Corporate Governance and Management
Item 5.02 Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers
On December 1, 2009, FreightCar America, Inc. (the “Company”) announced that the employment of Charles J. Magolske as the Company’s Vice President, Business Development and Strategy, will terminate effective December 15, 2009. Mr. Magolske will receive severance benefits as described in his employment agreement during the twelve months following the effective date. The Company and Mr. Magolske are in the process of negotiating a termination agreement.

 


 

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 thereunto duly authorized.
         
  FreightCar America, Inc.
 
 
Date: December 04, 2009  By:   /s/ Christopher L. Nagel    
    Name:   Christopher L. Nagel   
    Title:   Vice President, Finance, Chief
Financial Officer and Treasurer