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LXK > SEC Filings for LXK > Form 8-K on 2-Oct-2009All Recent SEC Filings

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

Form 8-K for LEXMARK INTERNATIONAL INC /KY/


2-Oct-2009

Entry into a Material Definitive Agreement, Financial Statements a


Item 1.01. Entry into a Material Definitive Agreement

Effective October 2, 2009, Lexmark International, Inc. (the "Company") entered into a Sixth Amendment to the Amended and Restated Receivables Purchase Agreement ("RPA") dated as of October 8, 2004, by and among Lexmark Receivables Corporation ("LRC"), as Seller, Gotham Funding Corporation ("Gotham"), The Bank of Tokyo-Mitsubishi UFJ, Ltd., New York Branch ("BTM"), as Program Agent, an Investor Agent and a Bank, and the Company, as Collection Agent and Originator. The Sixth Amendment to the RPA extends the Facility Termination Date under the RPA with respect to Gotham, and the Commitment Termination Date under the RPA with respect to BTM to October 1, 2010. In addition, the Sixth Amendment amends the definition of Applicable Margin to 2.5% from 1.5%. The Sixth Amendment to the RPA also amends certain representations and warranties of LRC and the Company consistent with the extension of the RPA.

On October 2, 2009, the Company also entered into a Seventh Amendment to the Purchase and Contribution Agreement ("PCA") dated as of October 22, 2001, by between the Company, as Seller, and LRC, as Purchaser. The Seventh Amendment to the PCA amends certain representations and warranties of LRC and the Company to conform to changes made in the Sixth Amendment to the RPA.

Other than the changes discussed above, no material changes were made to either the RPA or the PCA. As of the filing date of this Current Report, there were no secured borrowings under the RPA.



Item 9.01. Financial Statements and Exhibits

(d) Exhibits

     Exhibit No. Description of Exhibit
     10.1        Amendment No. 6 to Receivables Purchase Agreement, dated as of
                 October 2, 2009, by and among Lexmark Receivables Corporation, as
                 Seller, Gotham Funding Corporation, The Bank of Tokyo-Mitsubishi
                 UFJ, Ltd., New York Branch, as Program Agent, an Investor Agent
                 and a Bank, and the Company, as Collection Agent and Originator.
     10.2        Amendment No. 7 to Purchase and Contribution Agreement, dated as
                 of October 2, 2009, by and between the Company, as Seller, and
                 Lexmark Receivables Corporation, as Purchaser.


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