|
Quotes & Info
|
| TEX > SEC Filings for TEX > Form 8-K on 25-Feb-2009 | All Recent SEC Filings |
25-Feb-2009
Entry into a Material Definitive Agreement, Financial Statements and Exhibits
On February 24, 2009, Terex Corporation ("Terex" or the "Company") and certain of its subsidiaries entered into an amendment to their existing credit agreement with the lenders party thereto and Credit Suisse, as administrative agent and collateral agent (the "Amendment"). A copy of the Amendment is filed as Exhibit 10.1 to this Form 8-K, and the following summary is qualified in its entirety by reference to the attached Amendment.
The Amendment revises the threshold of the consolidated fixed charge coverage ratio from 1.25 to 1.00 to the ratios described below for the periods set forth below and generally caps at $5 million the amount of share repurchases Terex can make in each of the first two quarters of 2009. Share repurchases in 2008 will be excluded from the calculation of the consolidated fixed charge coverage ratio for the first two quarters of 2009.
Period Ratio July 14, 2006 through and including March 31, 2009 1.25 to 1.00 April 1, 2009 through and including June 30, 2009 1.10 to 1.00 July 1, 2009 through and including March 31, 2010 0.80 to 1.00 Thereafter 1.25 to 1.00
The Amendment also raises the interest rates charged under the credit agreement by 100 basis points and includes a provision that would increase the interest rates charged under the credit agreement by an additional 100 basis points if Terex fails to achieve a consolidated fixed charge coverage ratio of at least 1.00 to 1.00 for certain quarterly periods in 2009 and 2010. The Amendment also includes certain other technical changes.
A copy of a press release announcing the Company's entry into the Amendment is included as Exhibit 99.1 to this Form 8-K.
(d) Exhibits
10.1 Amendment No. 2 dated as of February 24, 2009 to Credit Agreement dated as of July 14, 2006, among Terex Corporation, certain of its subsidiaries, the Lenders named therein and Credit Suisse, as Administrative Agent and Collateral Agent.
99.1 Press release of Terex Corporation issued on February 25, 2009.
|
|