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| MHK > SEC Filings for MHK > Form 8-K on 6-Jan-2009 | All Recent SEC Filings |
6-Jan-2009
Entry into a Material Definitive Agreement, Financial Statements and Exhibi
Effective December 31, 2008, Mohawk Industries, Inc. (the "Company") amended its Five Year Credit Agreement, dated as of October 28, 2005, by and among the Company, the banks from time to time party thereto, and Wachovia Bank, National Association, as Administrative Agent (the "Credit Agreement").
Pursuant to the amended Credit Agreement, the Company formally terminated the revolving credit commitment of Lehman Commercial Paper, Inc. effective December 31, 2008 because that entity filed for bankruptcy on October 5, 2008. As a result of the termination, the aggregate amount of revolving credit commitments of banks under the Credit Agreement was reduced from $750,000,000 to $650,000,000.
The amendment, among other things, (i) permits the Company to terminate the
revolving credit commitment of any bank that fails to fund any portion of its
lending obligations under the Credit Agreement or files for bankruptcy;
(ii) eliminates the requirement that the Company pay certain fees to such a
defaulting bank; and (iii) permits the Company to prepay the outstanding loan
balances of a defaulting bank whose revolving credit commitment has been
terminated, subject to obtaining the consent of banks (determined exclusive of
such defaulting bank) holding more than two-thirds of the revolving credit
commitments and outstanding term loans, or if the revolving credit commitments
have been terminated, more than two-thirds of the outstanding loans.
The foregoing summary of the amendment is qualified in its entirety by reference to the full text of the amendment attached hereto as Exhibit 10.1 and incorporated herein by reference.
(d) Exhibits:
Exhibit No. Description
10.1 First Amendment to Five Year Credit Agreement, dated as of
December 31, 2008, by and among Mohawk Industries, Inc. and
Wachovia Bank, National Association, as Administrative Agent on
behalf of the Banks.
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