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
17, 2005
Date of
Report (Date of earliest event reported)
Commission
File Number: 000-27743
PAC-WEST
TELECOMM, INC.
(Exact
name of registrant as specified in its charter)
|
California |
68-0383568 |
|
(State
or other jurisdiction of |
(I.R.S.
Employer Identification No.) |
|
incorporation
or organization) |
|
|
1776
W. March Lane, Suite 250 |
|
|
Stockton,
California |
95207 |
|
(Address
of principal executive offices) |
(Zip
Code) |
(209)
926-3300
(Registrant’s
telephone number, including area code)
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
1.01 Entry into a Material Definitive Agreement.
On May
17, 2005, Pac-West Telecomm, Inc. (“Pac-West”) entered into Amendment No. 5 to
Dial Access Services Agreement (“Amendment”) with Qwest Communications
Corporation (“Qwest”). The following is a description of the Amendment and the
description below does not purport to be a complete statement of the parties’
rights and obligations under the Amendment. This description is qualified in its
entirety by reference to the Amendment, a copy of which is expected to be filed
as an exhibit to Pac-West’s Report on Form 10-Q for the Quarterly Period Ended
June 30, 2005.
All
pre-existing port commitments continue to be governed by the terms of the
agreement as it existed prior to the amendment including pricing. The existing
agreement was to expire April 30, 2006. The amendment extends the term of the
existing Agreement through July 30, 2008 with a minimum port commitment of
50,000 ports from May 1, 2006 through July 30, 2008 and an increase of 24,000 in
the previously existing port commitment between August 1, 2005 and April 30,
2006. The additional port commitments are subject to a tiered pricing schedule.
SIGNATURES
Pursuant
to the requirements of the Securities Exchange Act of 1934, as amended, the
Registrant has duly caused this report to be signed on its behalf by the
undersigned, hereunto duly authorized.
PAC-WEST
TELECOMM, INC.
(Registrant)
Dated:
May 20, 2005
|
By:
/s/ Peggy Mc Gaw |
|
Peggy
Mc Gaw |
|
Vice
President Finance |