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| ARJ > SEC Filings for ARJ > Form 8-K on 9-Oct-2009 | All Recent SEC Filings |
9-Oct-2009
Entry into a Material Definitive Agreement, Regulation FD Disclosure, Financia
On October 6, 2009, Arch Chemicals, Inc. (the "Company") entered into an accounts receivable securitization program with Market Street Funding LLC and PNC Bank, National Association ("PNC Bank") by way of an assignment and assumption of the Company's existing program with Three Pillars Funding LLC and SunTrust Capital Markets, Inc. Under the Amended and Restated Receivables Sale Agreement, dated as of October 6, 2009, the Company and certain of its subsidiaries will continue to sell, without recourse, certain accounts receivable to the Company's wholly-owned subsidiary, Arch Chemicals Receivables Corp., a special-purpose corporation. Under the Amended and Restated Receivables Purchase Agreement, dated as of October 6, 2009, Arch Chemicals Receivables Corp. may sell, on an ongoing basis, these accounts receivable to Market Street Funding LLC for a maximum cash purchase price of up to $80.0 million. PNC Bank will act as Administrator for Market Street Funding LLC under the program. Market Street Funding LLC will fund its purchases through the issuance of commercial paper or borrowings from PNC Bank under a liquidity facility. The Amended and Restated Receivables Purchase Agreement and the liquidity facility expire on October 5, 2010, subject to renewal on the initial or any subsequent expiration date for an additional 364 days. The Company has agreed to provide servicing for the accounts receivable collections. The amount of receivables sold to Market Street Funding LLC under the program is subject to change based on the level of eligible receivables. Conformed copies of the Omnibus Assignment and Assumption Agreement, the Amended and Restated Receivables Sale Agreement and the Amended and Restated Receivables Purchase Agreement are filed as exhibits hereto and are incorporated herein by reference.
A press release issued by the Company on October 8, 2009 relating to the accounts receivable securitization program is furnished herewith as Exhibit 99.1 and is incorporated herein by reference.
(c) Exhibits
10.1 Omnibus Assumption and Assignment Agreement, dated as of October 6, 2009,
among Arch Chemicals Receivables Corp., Arch Chemicals, Inc., Three Pillars
Funding LLC, SunTrust Robinson Humphrey, Inc. (f/k/a SunTrust Capital
Markets, Inc.), Market Street Funding LLC and PNC Bank, National
Association.
10.2 Amended and Restated Receivables Sale Agreement, dated as of October 6,
2009, among Arch Chemicals, Inc., as an Originator, Arch Treatment
Technologies, Inc., as an Originator, Arch Wood Protection, Inc., as an
Originator, Arch Personal Care Products, L.P., as an Originator, and Arch
Chemicals Receivables Corp., as Buyer.
10.3 Amended and Restated Receivables Purchase Agreement, dated as of October 6,
2009, among Arch Chemicals Receivables Corp., as Seller, Arch Chemicals,
Inc., as Initial Servicer, Market Street Funding LLC and PNC Bank, National
Association, as Administrator and as LC Bank.
99.1 Press Release, dated as of October 8, 2009
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