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Quotes & Info
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| BOBE > SEC Filings for BOBE > Form 8-K on 5-Oct-2009 | All Recent SEC Filings |
5-Oct-2009
Creation of a Direct Financial Obligation or an Obligation under an Off-Balan
On September 30, 2008, Bob Evans Farms, Inc. (the "Company"), through its
subsidiary BEF Holding Co., Inc. ("BEF Holding"), entered into an unsecured Line
of Credit Note underlying a $30 million line of credit with JPMorgan Chase Bank,
N.A. ("Chase"). The note under this line of credit was to become due and payable
on October 1, 2009. On October 1, 2009, Bob Evans Farms, Inc. ("BEF Ohio"), an
Ohio corporation and a subsidiary of the Company, as the successor to BEF
Holding, entered into an unsecured Line of Credit Note extending the maturity of
the line of credit until December 1, 2009, subject to acceleration upon the
occurrence of certain specified events of default which are customary for
transactions of this type. The extension of the line of credit is short-term
debt and will be used for general corporate purposes.
At the time it takes an advance under the line of credit, as extended, the
Company will choose whether the advance will be a "LIBOR Rate Advance" or a "CB
Floating Rate Advance." The Company may have outstanding at any one time up to
five LIBOR Rate Advances and/or a CB Floating Rate Advance. LIBOR Rate Advances
accrue interest based on an "Adjusted LIBOR Rate" of (i) 0.55%, plus (ii) the
quotient of (a) the applicable LIBOR rate, divided by (b) one minus the maximum
aggregate reserve requirement (expressed as a decimal) imposed under Federal
Reserve Board Regulation D. CB Floating Rate Advances accrue interest at Chase's
Prime Rate, provided that the Prime Rate cannot be less than the Adjusted One
Month LIBOR Rate, as defined in the Line of Credit Note. Additionally, advances
of one type may be converted into the other type under certain circumstances as
provided in the Line of Credit Note. Interest will accrue on advances on a basis
of actual days elapsed in a 360 day year.
BEF Ohio's obligations under the line of credit note are guaranteed by both
the Company and by Mimi's Café, LLC, each of which previously executed a
Continuing Guaranty under the original Line of Credit Note. Each Continuing
Guaranty is joint and several and unlimited.
The foregoing description of the line of credit does not purport to be
complete and is qualified in its entirety by reference to Line of Credit Note,
which is attached as Exhibit 10.1 hereto and is incorporated herein by
reference, and to each Continuing Guaranty, copies of which were filed as
Exhibits 10.2 and 10.3 to the Company's Form 8-K filed with the Securities and
Exchange Commission on October 3, 2008.
Item 9.01. Financial Statements and Exhibits.
(a) - (c). Not Applicable
(d) Exhibits:
Exhibit No. Description
10.1 Line of Credit Note from Bob Evans Farms, Inc., an Ohio corporation, to
JPMorgan Chase Bank, N.A. dated as of October 1, 2009
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