Item 1.01 Entry into a Material Definitive Agreement.
On October 27, 2009, in anticipation of the expiration of its current
revolving credit agreement in March 2010, NACCO Industries, Inc.'s ("NACCO")
wholly owned subsidiary, The North American Coal Corporation ("NACoal"), entered
into a credit agreement with the Lenders, as defined in the credit agreement,
U.S. Bank National Association and Regions Bank, each as Co-Syndication Agents
and PNC Bank, National Association, as administrative agent for the Lenders, for
a new three-year, $100.0 million unsecured revolving line of credit (the
"Facility"). The Facility has performance-based pricing, which sets interest
rates based upon achieving various levels of debt to EBITDA ratios, as defined.
Borrowings bear interest at a floating rate plus a margin based on the level of
debt to EBITDA ratio achieved, as defined, which can be either a base rate plus
a margin ranging from 1.75% to 2.25%, or LIBOR plus a margin ranging from 2.75%
to 3.25%. The Facility also has a commitment fee of 0.50% per year on the unused
commitment. In addition, the Facility contains restrictive covenants which
require, among other things, NACoal to maintain certain debt to EBITDA and
interest coverage ratios and provides the ability to make loans, dividends and
advances to NACCO, with some restrictions.
The foregoing summary of the Facility is qualified in its entirety by
reference to the Facility, which is filed as Exhibit 10.1 to this Current Report
on Form 8-K and is incorporated herein by reference thereto.
Item 9.01 Financial Statements and Exhibits.
As described in Item 1.01 of this Current Report on Form 8-K, the following
Exhibit is filed as part of this Current Report on Form 8-K.
(d) Exhibits
10.1 Credit Agreement, dated as of October 27, 2009, by and among The North
American Coal Corporation, the Lenders party hereto and U.S. Bank
National Association and Regions Bank, as Co-Syndication Agents, and PNC
Bank, National Association, as Administrative Agent.
Table of Contents