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EX-10.1 - EX-10.1 - ARCBEST CORP /DE/a11-6411_1ex10d1.htm

 

 

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C.  20549-1004

 

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): February 22, 2011 (February 18, 2011)

 

ARKANSAS BEST CORPORATION

(Exact name of registrant as specified in its charter)

 

Delaware

 

0-19969

 

71-0673405

(State or other jurisdiction of

 

(Commission

 

(IRS Employer

incorporation or organization

 

File Number)

 

Identification No.)

 

3801 Old Greenwood Road

Fort Smith, Arkansas 72903

(479) 785-6000

(Address, including zip code, and telephone number, including area code, of
the registrant’s principal executive offices)

 

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 communication 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 February 18, 2011, ABF Freight System, Inc. (ABF), the largest subsidiary of Arkansas Best Corporation (Nasdaq: ABFS) amended its receivables loan agreement among ABF Freight Funding LLC, as borrower, ABF Freight System, Inc., as servicer, SunTrust Robinson Humphrey, Inc., as agent and administrator for the lender and SunTrust Bank, as lender. A copy of the amendment, which extends the maturity date of the receivables loan agreement to February 18, 2013, is attached as an exhibit to this Report on Form 8-K.

 

The receivables loan agreement provides for a $75.0 million accounts receivable securitization facility subject to the level of qualifying accounts receivables. Borrowings under the facility are secured by a lien on and security interest in the related accounts receivable, as well as the associated collection bank accounts. Advances bear interest based upon LIBOR, plus a margin as specified in the amended and restated fee letter. ABF will also pay annual fees to the agent, for the account of the lender, based on the unused portion of the accounts receivable facility. The Receivables Loan Agreement contains representations and warranties, affirmative and negative covenants and events of default that are customary for financings of this type. As of the date hereof, there were no borrowings under this facility.

 

ITEM 9.01 — FINANCIAL STATEMENTS AND EXHIBITS.

 

10.1        First Amendment to Receivables Loan Agreement, dated as of February 18, 2011.

 

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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.

 

ARKANSAS BEST CORPORATION

 

(Registrant)

 

Date:

February 22, 2011

 

/s/   Michael Newcity

 

 

Michael E. Newcity

 

 

Vice President — Chief Financial Officer

 

 

and Principal Financial Officer

 

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