Attached files
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| EX-10.1 - FOURTH AMENDMENT - CENTERLINE HOLDING CO | exh10-1.htm |
UNITED
STATES
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): January 15,
2010
CENTERLINE
HOLDING COMPANY
(Exact
Name of Registrant as Specified in its Charter)
Delaware
(State or
Other Jurisdiction of Incorporation)
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1-13237
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13-3949418
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(Commission
File Number)
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(I.R.S.
Employer Identification No.)
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625
Madison Avenue, New York, New York
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10022
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(Address
of Principal Executive Offices)
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(Zip
Code)
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(212)
317-5700
(Registrant’s
Telephone Number, Including Area Code)
Not
Applicable
(Former
Name or Former Address, if Changed Since 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 (see General Instruction A.2):
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o
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Written
communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
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o
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Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
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o
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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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o
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Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))
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Item 1.01 Entry
into a Material Definitive Agreement.
On
January 15, 2010, Centerline Holding Company (the “Registrant”) and Centerline
Capital Group Inc. (together with the Registrant, the “Borrowers”) entered into
a fourth amendment (the “Amendment”) to the Amended and Restated Revolving
Credit and Term Loan Agreement (the “Credit Agreement”), dated as of December
19, 2008, with the Guarantors listed on Schedule 1 thereto (the “Guarantors”),
the Lenders named therein, Bank of America, N.A. as issuing bank and as
administrative agent, Banc of America Securities, LLC and Citicorp USA Inc., as
co-lead arrangers, and Banc of America Securities, LLC as book manager. The
Amendment will (a) extend the maturity date of the Term Loan from January 15,
2010 until February 5, 2010; (b) correct the amount of a payment due under a
termination agreement with respect to the Registrant’s office space located in
Jersey City, New Jersey; (c) waive the Registrant’s compliance with specified
net worth covenants (until February 5, 2010); and (d) add covenants regulating
the use of the Revolving Portion in accordance with a cash uses forecast
provided by the Registrant, and thereafter upon consent of the Required Lenders.
The foregoing description of the Amendment is qualified in its entirety by
reference to the full text of such agreement. Capitalized terms used
but not defined herein have the meanings specified in the Credit
Agreement.
Item
9.01. Financial Statements and Exhibits
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(a)
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Financial
Statements
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Not
Applicable.
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(b)
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Pro
Forma Financial Information
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Not
Applicable.
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(C)
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Exhibits
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Exhibit 10.1. Fourth Amendment to
Amended and Restated Revolving Credit and Term Loan Agreement, dated as of
January 15, 2010, by and among Centerline Holding Company, Centerline
Capital Group Inc., the Guarantors listed on Schedule 1 thereto, the
Lenders named therein, Bank of America, N.A. as issuing bank and as
administrative agent, Banc of America Securities, LLC and Citicorp USA,
Inc., as co-lead arrangers and Banc of America Securities, LLC as book
manager.
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2
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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CENTERLINE
HOLDING COMPANY
(Registrant)
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January
15, 2010
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By:
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/s/
Robert L. Levy
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Name:
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Robert
L. Levy
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Title:
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Chief
Financial Officer
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3