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

 

August 2, 2004

(Date of report)

 

OLD SECOND BANCORP, INC.

(Exact name of registrant as specified in its charter)

 

Delaware

(State or other jurisdiction
of incorporation)

 

0-10537

 

36-3143493

(Commission
File Number)

 

(IRS Employer
Identification No.)

 

 

 

37 South River Street
Aurora, Illinois  60507

(Address of principal executive offices)(Zip Code)

 

(630) 892-0202

(Registrant’s telephone number, including area code)

 

 


 

Item 5.                                 Other Events and Regulation FD Disclosure

 

On August 2, 2004, Old Second Bancorp, Inc. issued a press release announcing the settlement of a lawsuit filed in 2001 against Old Second Bank – Yorkville, a wholly-owned subsidiary of the Company.  The Company agreed to settle a recent $2.2 million judgment in the case for a payment of $1.75 million and to discontinue its appeal.  The press release is attached as Exhibit 99.1.

 

Item 7.                                 Financial Statements, Pro Forma Financial Information and Exhibits

 

(a)                                  Financial Statements of Business Acquired.

 

None.

 

(b)                                 Pro Forma Financial Information.

 

None.

 

(c)                                  Exhibits.

 

99.1      Press release dated August 2, 2004

 

Item 12.  Results of Operations and Financial Condition

 

On August 2, 2004, The Company issued a press release announcing its earnings for the fiscal quarter ended June 30, 2004 as revised to take into account the settlement described above in Item 5.  The press release is attached as Exhibit 99.1.

 

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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.

 

 

 

OLD SECOND BANCORP, INC.

 

 

(Registrant)

 

 

 

Date: August 2, 2004

 

 

 

 

By:

/s/ J. Douglas Cheatham

 

 

 

J. Douglas Cheatham

 

 

Senior Vice President and Chief Financial Officer

 

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