Attached files
file | filename |
---|---|
EX-10.1 - EXHIBIT 10.1 - Real Mex Restaurants, Inc. | c99035exv10w1.htm |
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
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
Pursuant to Section 13 OR 15(d) of The Securities Exchange Act of 1934
Date of Report (Date of earliest event reported): April 2, 2010
REAL MEX RESTAURANTS, INC.
(Exact name of registrant as specified in its charter)
Delaware | 333-116310 | 13-4012902 | ||
(State or other jurisdiction of incorporation) |
(Commission File Number) | (IRS Employer Identification No.) |
5660 Katella Avenue, Suite 100 Cypress, CA |
90630 |
|
(Address of principal executive offices) | (Zip Code) |
Registrants telephone number, including area code: (562)-346-1200
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:
o | Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) | |
o | Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) | |
o | Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) | |
o | Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) |
Item 1.01 Entry into a Material Definitive Agreement.
On April 2, 2010, Real Mex Restaurants, Inc. (the Company) entered into Amendment No. 5 (the
Amendment) to the Second Amended and Restated Revolving Credit Agreement, dated as of January 29,
2007, by and among the Company, the other borrowers party thereto, the lenders party thereto and
General Electric Capital Corporation, as agent and administrative agent (the Senior Secured Credit
Facility). The Senior Secured Credit Facility provides for a $15.0 million revolving credit
facility and a $25.0 million letter of credit facility.
The Amendment to the Senior Secured Credit Facility modified certain definitions in order to allow
the transfer of shares in the Companys parent company, RM Restaurant Holding Corp. (Holdco),
within current stockholders of Holdco. No such amendment was required related to our senior secured
notes due 2013 as a result of such transfer.
The foregoing description of the Amendment does not purport to be complete and is qualified in its
entirety by reference to the full texts the Amendment, which is filed as Exhibit 10.1 to this
Current Report on Form 8-K and is incorporated by reference in this Item 1.01.
Item 5.02 Departure of Directors of Certain Officers; Election of Directors; Appointment of Certain
Officers; Compensatory Arrangements of Certain Officers.
Effective April 7, 2010, Evan Geller and Doug Tapley resigned from the Companys Board of Directors
and Clarence E. Terry and Michael Alger were appointed as directors of the Company. Mr. Terry and
Mr. Alger are employed by Sun Capital Partners, Inc. which is an affiliate of stockholders of
Holdco. Mr. Terry and Mr. Alger have both served as board members for the Company in the past.
There are no other arrangements or understandings between any of the new directors and any other
person pursuant to which the new directors were appointed to the Board of Directors of the Company.
Furthermore, none of the new directors are a party to any transactions that would require
disclosure pursuant to Item 404(a) of Regulation S-K. None of the new directors will be
compensated for serving as a director of the Company; however each will be reimbursed for
reasonable out-of-pocket expenses in connection with his travel to and attendance at meetings of
the Board of Directors and the committees thereof.
Item 9.01 Financial Statements and Exhibits.
(d) Exhibits
Exhibit | ||
Number | Description | |
10.1
|
Amendment No. 5 to Second Amended and Restated Revolving Credit Agreement, dated April 2, 2010, by and among Real Mex Restaurants, Inc., the borrowers party thereto, the lenders party thereto and General Electric Capital Corporation, as agent and administrative agent. |
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.
REAL MEX RESTAURANTS, INC. |
||||
Date: April 8, 2010 | By: | /s/ Richard E. Rivera | ||
Richard E. Rivera | ||||
Chief Executive Officer | ||||