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| ICO > SEC Filings for ICO > Form 8-K on 29-Sep-2009 | All Recent SEC Filings |
29-Sep-2009
Entry into a Material Definitive Agreement, Financial Statements a
On September 28, 2009, International Coal Group, Inc.'s ("ICG" or the "Company") wholly-owned subsidiary, ICG, LLC, entered into a fourth amendment (the "Amendment") to its second amended and restated credit agreement among ICG, LLC, as borrower, ICG and certain subsidiaries of ICG as guarantors, the lenders party thereto, J.P. Morgan Chase Securities Inc. and UBS Securities LLC, as joint lead arrangers and joint bookrunners, JPMorgan Chase Bank, N.A. and CIT Capital USA Inc., as co-syndication agents, Bank of America, N.A. and Wachovia Bank, N.A., as co-documentation agents, JPMorgan Chase Bank N.A. and Bank of America, N.A., as issuing banks, UBS Loan Finance LLC, as swingline lender, and UBS AG, Stamford Branch, as issuing bank, as administrative agent and as collateral agent for the lenders. As described in more detail below, the Amendment modifies certain financial covenants during 2010 and thereafter.
The Amendment amends the maximum leverage ratio permitted so that ICG may not exceed 3.00 to 1.0 from January 1, 2010 and thereafter and modifies the minimum interest coverage ratio so that on any testing date from January 1, 2010 and thereafter such ratio may not be less than 2.75 to 1.00.
The Amendment also reduces the maximum amount of capital expenditures that ICG is permitted to make in the 2010 fiscal year to $100.0 million.
Further, the Amendment extends the additional liquidity covenant and requires that on any testing date ICG and its subsidiaries' minimum liquidity may not be less $40.0 million from January 1, 2010 to December 31, 2010.
Pursuant to the Amendment, the interest rate margin applicable to Eurodollar and
ABR based revolving loans, swingline loans and fees was increased based on the
applicable leverage ratio. If the leverage ratio is (i) greater than or equal to
3.75 to 1.0, the Eurodollar rate is +4.50% and the ABR rate is +3.50%; (ii)
greater than or equal to 2.50 to 1.0, but less than 3.75 to 1.0, the Eurodollar
rate is +4.25% and the ABR is +3.25%; (iii) less than 2.50 to 1.0 but greater
than 2.00 to 1.0, the Eurodollar rate is +4.00% and the ABR is +3.00%; and (iv)
less than or equal to 2.00 to 1.0, the Eurodollar rate is +3.75% and the ABR is
+2.75%.
(d) Exhibits.
Exhibit
Number Description
Amendment No. 4 to the Second Amended and Restated Credit
10.1 Agreement, dated September 28, 2009
99.1 Press release dated September 29, 2009
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