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LXK > SEC Filings for LXK > Form 8-K/A on 28-Aug-2009All Recent SEC Filings

Show all filings for LEXMARK INTERNATIONAL INC /KY/ | Request a Trial to NEW EDGAR Online Pro

Form 8-K/A for LEXMARK INTERNATIONAL INC /KY/


28-Aug-2009

Entry into a Material Definitive Agreement, Creation of a Direct


Item 1.01. Entry into a Material Definitive Agreement

On August 26, 2009, the Company exercised its option (the "Accordion Option") to increase the maximum amount available under the 3-year Credit Agreement ("the "Credit Agreement"), effective as of August 17, 2009, by and among the Company, JPMorgan Chase Bank, N.A., as Administrative Agent, Bank of America, N.A. as Syndication Agent, and Citibank, N.A. and SunTrust Bank as Co-Documentation Agents and each other institutional lender signatory thereto. The Credit Agreement, which is filed as Exhibit 10.1 to this Current Report on Form 8-K/A, is incorporated herein by reference. A summary of the terms of the Credit Agreement was contained in the Company's Form 8-K filed on August 21, 2009.

The Company exercised its Accordion Option under the Credit Agreement by entering into two Commitment and Acceptance Agreements (the "Commitment Agreements"), effective as of August 26, 2009. The Commitment Agreements increase the available revolving credit facility under the Credit Agreement from $275 million to $300 million, and Schedule 2.01 of the Credit Agreement, which is attached hereto as Exhibit 10.2, has been amended to reflect the additional commitments. All other terms of the Credit Agreement remain the same. The foregoing summary of the terms of each Commitment Agreement is qualified in its entirety by reference to said Commitment Agreements, which are filed as Exhibits 10.3 and 10.4 to this Current Report on Form 8-K/A, and are incorporated herein by reference.

As of the filing date of this Current Report, there are no loans or letters of credit outstanding under the Credit Agreement.



Item 2.03. Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant

The information provided under Item 1.01 of this report is hereby incorporated by reference into this Item 2.03.



Item 9.01. Financial Statements and Exhibits

(d) Exhibits


Exhibit No. Description of Exhibit


10.1       Credit Agreement, dated as of August 17, 2009, by
           an among Lexmark International, Inc., as Borrower,
           the Lenders party thereto, JPMorgan Chase Bank,
           N.A., as Administrative Agent, Bank of America,
           N.A., as Syndication Agent, and Citibank, N.A. and
           Suntrust Bank, as Co-Documentation Agents
           (incorporated by reference to Exhibit 10.1 of the
           Company's Form 8-K, filed August 21, 2009).
10.2       Amended Schedule 2.01 to the Credit Agreement,
           effective as of August 26, 2009
10.3       Commitment and Acceptance Agreement, dated as of
           August 26, 2009, by and among Lexmark
           International, Inc., as Borrower, Banco Bradesco
           S.A. - New York Branch, as Lender, and JPMorgan
           Chase Bank, N.A., as Administrative Agent.
10.4       Commitment and Acceptance Agreement, dated as of
           August 26, 2009, by and among Lexmark
           International, Inc., as Borrower, Bank of America,
           N.A., as Lender, and JPMorgan Chase Bank, N.A., as
           Administrative Agent.


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