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SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of
the Securities Exchange Act of 1934
Date of Report (Date of
Earliest Event Reported): October 11, 2006
Eagle Materials Inc.
(Exact name of registrant as specified in its charter)
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Delaware
(State or other jurisdiction of
incorporation) |
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1-12984
(Commission File Number) |
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75-2520779
(I.R.S. Employer Identification No.) |
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3811 Turtle Creek Blvd. #1100
Dallas, Texas
(Address of principal executive offices) |
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75219
(Zip Code) |
Registrant’s telephone number, including area code: 214-432-2000
Not Applicable
(former name or former address if changed from last report)
Check the appropriate box below if the Form 8-K filing is intended to
simultaneously satisfy the filing obligation of the registrant under any of the
following provisions:
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Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
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Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
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Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
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Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) |
TABLE OF CONTENTS
The description set forth below is qualified in its entirety by the full text of the
document to which it refers, which document is filed herewith.
Item 1.01. Entry into a Material Definitive Agreement
Eagle
Materials Inc. (the “Company”)
is a party to an Amended and Restated Credit Agreement dated as of December 16,
2004, as amended (the “Credit Agreement”), with the banks and financial institutions party thereto,
including JP Morgan Chase Bank, N.A. as administrative agent, Bank of America, N.A. and Branch
Banking and Trust Company, as co-syndication agents, and Wells Fargo Bank, N.A. and Union Bank of
California, N.A. as co-documentation agents. On October 11, 2006, the Required Lenders (as defined
in the Credit Agreement) approved a Sixth Amendment to Amended and Restated Credit Agreement dated
as of September 29, 2006 (the “Sixth Amendment”). The Sixth Amendment amends Section 6.04(a) of
the Credit Agreement to allow the Company to make capital contributions or loans to, or acquire
equity interests in, persons who are not Subsidiaries (as defined in the Credit Agreement), in a
transaction not constituting an Acquisition (as defined in the Credit Agreement), so long as: (i)
no Default (as defined in the Credit Agreement) then exists or would result therefrom; and (ii) the
total of all such capital contributions, loans and acquisitions since the Effective Date (as
defined in the Credit Agreement) does not exceed $50,000,000.
The Sixth Amendment is being filed with this current report on Form 8-K as Exhibit 4.1.
Item 2.03. Creation of a Direct Financial Obligation or an Obligation Under an Off-Balance Sheet
Arrangement of a Registrant.
See Item 1.01 above.
Item 9.01. Financial Statements and Exhibits
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Description |
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4.1
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Sixth Amendment to Amended and Restated Credit Agreement dated as of September 29, 2006. |
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.
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EAGLE MATERIALS INC. |
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/s/ Arthur R. Zunker
Name: Arthur R. Zunker
Title: Senior Vice President - Finance and
Treasurer |
Date: October 17, 2006
EXHIBIT INDEX
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| Exhibit |
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Description |
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| 4.1 |
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Sixth Amendment
to Amended and Restated Credit Agreement dated as of
September 29, 2006. |
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