16525/016/SHAREOFFERING/EDGAR/apr_8k.txt 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 April 10, 2001 -------------------------------------- Date of Report (Date of earliest event reported) PepsiCo, Inc. ---------------------------------------- (Exact name of registrant as specified in its charter) North Carolina --------------------------------- (State or other jurisdiction of incorporation) 1-1183 13-1584302 (Commission File Number) (IRS Employer Identification No.) 700 Anderson Hill Road, Purchase, New York 10577 ------------------------------------------- (Address of Principal Executive Offices) Registrant's telephone number, including area code: (914) 253-2000 Item 5. Other Information In connection with its planned merger with The Quaker Oats Company, PepsiCo, Inc. announced on April 9, 2001 that it agreed to sell 13.2 million shares of its Capital Stock in an offering underwritten by Merill Lynch & Co. The Underwriting Agreement and the Terms Agreement, each dated as of April 9, 2001 among PepsiCo, Inc. and Merrill Lynch, Pierce, Fenner & Smith Incorporated, are attached as exhibits 5.1 and 5.2, respectively, hereto. Item 7. Financial Statements, Pro Forma Financial Information and Exhibits (c) Exhibits Exhibit Number 5.1 Underwriting Agreement dated as of April 9, 2001 among PepsiCo, Inc. and Merrill Lynch & Co. and Merrill Lynch, Pierce, Fenner & Smith Incorporated. 5.2 Terms Agreement dated April 9, 2001 among PepsiCo, Inc. and Merrill Lynch, Pierce, Fenner & Smith Incorporated. 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. Date: April 10, 2001 PepsiCo, Inc. By: /s/ Lawrence F. Dickie ----------------------- Lawrence F. Dickie Vice President, Associate General Counsel and Assistant Secretary EXHIBIT INDEX Exhibit Number 5.1 Underwriting Agreement dated as of April 9, 2001 among PepsiCo, Inc. and Merrill Lynch & Co. and Merrill Lynch, Pierce, Fenner & Smith Incorporated. 5.2 Terms Agreement dated April 9, 2001 among PepsiCo, Inc. and Merrill Lynch, Pierce, Fenner & Smith Incorporated.