Attached files
| file | filename |
|---|---|
| EX-10.1 - EX-10.1 - RAILAMERICA INC /DE | exhibit1.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): | February 23, 2011 |
RailAmerica, Inc.
__________________________________________
(Exact name of registrant as specified in its charter)
| Delaware | 001-32579 | 65-0328006 |
|
_____________________ (State or other jurisdiction |
_____________ (Commission |
______________ (I.R.S. Employer |
| of incorporation) | File Number) | Identification No.) |
| 7411 Fullerton Street, Suite 300, Jacksonville, Florida | 32256 | |
|
_________________________________ (Address of principal executive offices) |
___________ (Zip Code) |
| Registrant’s telephone number, including area code: | 800-342-1131 |
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:
[ ] Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
[ ] Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
[ ] Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
[ ] 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 23, 2011, RailAmerica, Inc. (the "Company") entered into Amendment No. 2 ( the "Amendment") to its Asset Backed Loan Facility, dated as of June 23, 2009, among the Company, RailAmerica Transportation Corp., the lenders party thereto, Citicorp North America, Inc. and Citigroup Global Markets Inc. (the "ABL Facility.") The Amendment adjusts certain terms of the ABL Facility and increases the threshold for Restricted Payments, as defined in the ABL Facility, to allow share repurchases of the Company’s common stock in an amount not exceed $75 million without affecting other Restricted Payment baskets.
Except as expressly amended, the form of the ABL Facility remains unchanged. The description of the Amendment No. 2 to the Asset Backed Loan facility is not complete and is qualified in its entirety by the full text of such document, which is attached as Exhibit 10.1 hereto and incorporated by reference herein.
Item 9.01 Financial Statements and Exhibits.
(d) Exhibits:
Exhibit No. Description
10.1 Amendment No. 2 to the Asset Backed Loan Facility entered into on February 23, 2011
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.
| RailAmerica, Inc. | ||||
| February 24, 2011 | By: |
B. Clyde Preslar
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| Name: B. Clyde Preslar | ||||
| Title: Senior Vice President and Chief Financial Officer | ||||
Exhibit Index
| Exhibit No. | Description | |
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10.1
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Amendment No. 2 to the Asset Backed Loan Facility entered into on February 23, 2011 |