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EX-10.7 - AMENDMENT NO. 4 TO LOAN AND SERVICING AGREEMENT - Business Development Corp of Americav383103_ex10-7.htm

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, DC 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): July 2, 2014 (June 30, 2014)

 

Business Development Corporation of America

(Exact Name of Registrant as Specified in Its Charter)

 

Maryland

(State or Other Jurisdiction of Incorporation)

 

814-00821 27-2614444
(Commission File Number) (IRS Employer Identification No.)

 

 

405 Park Avenue, 3rd Floor

New York, New York 10022

(Address, Including Zip Code, of Principal Executive Offices)

 

(212) 415-6500

(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:

 

¨ 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.

 

Amended Credit Agreement with Wells Fargo Bank, National Association

 

On June 30, 2014, Business Development Corporation of America (the “Company”), through a wholly-owned subsidiary, BDCA Funding I, LLC (“BDCA Funding”), entered into an amendment related to its credit agreement (the “Amendment”) with Wells Fargo Bank, National Association (“Wells”). The Amendment increases the maximum aggregate borrowings under the credit facility from $200.0 million to $300.0 million. The terms of the credit agreement are set forth in the Company’s Current Report on Form 8-K filed on July 24, 2012 and the credit agreement and its accompanying documents were filed as Exhibits 10.15, 10.16 and 10.17 to the Company’s Current Report on Form 8-K on August 7, 2012. The description of the Amendment in this Current Report on Form 8-K is a summary and is qualified in its entirety by the terms of the Amendment filed as Exhibit 10.7 hereto, which is incorporated herein by reference.

 

Item 2.03. Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant.

 

The information in Item 1.01 of this Current Report on Form 8-K is incorporated by reference into this item 2.03.

 

Item 9.01. Financial Statements and Exhibits.

 

(d) Exhibits.

 

Exhibit No.   Description
10.7   Amendment No. 4 to Loan and Servicing Agreement, among BDCA Funding I, LLC, the Company, Wells Fargo Securities, LLC and Wells Fargo Bank, National Association, dated as of June 30, 2014.
  
 

 

 

 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.

 

  BUSINESS DEVELOPMENT CORPORATION OF AMERICA
     
     
Date: July 2, 2014 By: /s/ Nicholas S. Schorsch
    Name: Nicholas S. Schorsch
    Title: Chief Executive Officer and Chairman of the Board of Directors