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) | March 15, 2009 |
MARLIN BUSINESS SERVICES CORP. |
(Exact name of registrant as specified in its charter) |
| Pennsylvania | 000-50448 | 38-3686388 |
(State or other jurisdiction of incorporation) | (Commission File Number) | (I.R.S. Employer Identification No.) |
| 300 Fellowship Road, Mount Laurel, NJ | 08054 |
| (Address of principal executive offices) | (Zip Code) |
| Registrant’s telephone number, including area code | (888) 479-9111 |
|
(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. below): |
| [ ] 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 March 15, 2009, Marlin Leasing Corporation (“MLC”), a subsidiary of the Registrant, entered into an amendment to its Series 2002-A warehouse financing facility that, among other things, (i) reset the facility amount to $115 million, (ii) revised the purchase price percentage, and (iii) extended the termination date of the facility to March 31, 2009. The extension to March 31, 2009 was done to (a) coincide with the current termination date of MLC’s bank group revolver (MLC is in discussions with the bank group lenders in an effort to arrive at mutually acceptable extension terms), and (b) provide additional time for MLC and the other parties to the Series 2002-A facility to determine the optimal facility structure after March 31, 2009. Attached as Exhibit 10.1 to this report, and incorporated herein by reference, is the Second Amendment to the Amended and Restated Series 2002-A Supplement to the Master Lease Receivables Asset-Backed Finance Facility Agreement, dated as of March 15, 2009, among Marlin Leasing Corporation, Marlin Leasing Receivables Corp. II, Marlin Leasing Receivables II, LLC, JPMorgan Chase Bank, N.A., as the agent and Wells Fargo Bank, N.A., as the trustee.
Item 9.01. Financial Statements and Exhibits.
(d) Exhibits.
| 10.1 | Second Amendment to the Amended and Restated Series 2002-A Supplement to the Master Lease Receivables Asset-Backed Financing Facility Agreement, dated as of March 15, 2009, among Marlin Leasing Corporation, Marlin Leasing Receivables Corp. II, Marlin Leasing Receivables II, LLC, JPMorgan Chase Bank, N.A., as the agent and Wells Fargo Bank, N.A., as the trustee. |
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.
MARLIN BUSINESS SERVICES CORP.
(Registrant)
Date: March 17, 2009 /s/ Daniel P. Dyer
Daniel P. Dyer
Chief Executive Officer
INDEX TO EXHIBITS
| 10.1 | Second Amendment to the Amended and Restated Series 2002-A Supplement to the Master Lease Receivables Asset-Backed Financing Facility Agreement, dated as of March 15, 2009, among Marlin Leasing Corporation, Marlin Leasing Receivables Corp. II, Marlin Leasing Receivables II, LLC, JPMorgan Chase Bank, N.A., as the agent and Wells Fargo Bank, N.A., as the trustee. |
