UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, DC 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the Securities
Exchange Act of 1934
June 13, 2003
(Date of earliest
event reported)
Commission File Name of Registrant; State of Incorporation; Address of IRS Employer
Number Principal Executive Offices; and Telephone Number Identification Number
--------------------- --------------------------------------------------------- -------------------------
1-16169 EXELON CORPORATION 23-2990190
(a Pennsylvania corporation)
10 South Dearborn Street - 37th Floor
P.O. Box 805379
Chicago, Illinois 60680-5379
(312) 394-7398
Item 5. Other Events
As previously disclosed, between May 8 and June 14, 2002, several class
action lawsuits were filed in the Federal District Court in Chicago asserting
nearly identical securities law claims on behalf of purchasers of Exelon
Corporation (Exelon) common stock between April 24, 2001 and September 27, 2001
(Class Period). The complaints alleged that Exelon and three of its officers
violated Federal securities laws by issuing a series of materially false and
misleading statements relating to its 2001 earnings expectations during the
Class Period. The Court consolidated the pending cases into one lawsuit and
appointed two lead plaintiffs as well as lead counsel. On October 1, 2002, the
plaintiffs filed a consolidated amended complaint, which Exelon moved to
dismiss. In an order dated June 13, 2003, the Court dismissed the amended
complaint with prejudice. The decision is subject to appeal.
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.
EXELON CORPORATION
/S/ Robert S. Shapard
----------------------
Robert S. Shapard
Executive Vice President and
Chief Financial Officer
June 16, 2003