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
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| Date of Report (Date of Earliest Event Reported): | | August 22, 2005 |
ECC Capital Corporation
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(Exact name of registrant as specified in its charter)
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| Maryland | 001-32430 | 841642470 |
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(State or other jurisdiction | _____________
(Commission | ______________
(I.R.S. Employer |
| of incorporation) | File Number) | Identification No.) |
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| 1833 Alton Parkway, Irvine, California | | 92606 |
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(Address of principal executive offices) | | ___________
(Zip Code) |
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| Registrant’s telephone number, including area code: | | (949) 856-8300 |
Not Applicable
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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 August 22, 2005, Encore Credit Corp., a direct wholly owned subsidiary of the registrant ("Encore"), Bravo Credit Corporation, an indirect wholly owned subsidiary of the registrant ("Bravo"), and the registrant entered into Amendment No. 2 to the Master Repurchase Agreement with Merrill Lynch Bank USA ("ML Amendment No. 2"). The purpose of ML Amendment No. 2 was to amend the definition of "Maximum Purchase Price" in order to increase the Maximum Purchase Price from $500 million to $750 million, $250 million of which is uncommitted. ML Amendment No. 2 is filed as Exhibit 10.1.
On August 22, 2005, Encore, Bravo, the registrant and UBS Real Estate Securities Inc. entered into Amendment No. 3 to the Amended and Restated Committed Note Purchase and Security Agreement ("UBS Amendment No. 3"). The purpose of UBS Amendment No. 3 was to provide for an interest bearing cash account. UBS Amendment No. 3 is filed as Exhibit 10.2.
Item 9.01 Financial Statements and Exhibits.
(c) Exhibits.
10.1 Amendment No. 2 to Master Repurchase Agreement, dated as of August 22, 2005, by and among Merrill Lynch Bank USA, Encore Credit Corp., ECC Capital Corporation and Bravo Credit Corporation.
10.2 Amendment No. 3 to the Amended and Restated Committed Note Purchase and Security Agreement, dated as of August 22, 2005, by and among ECC Capital Corporation, Encore Credit Corp., Bravo Credit Corporation and UBS Real Estate Securities Inc.
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.
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| | | ECC Capital Corporation |
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| August 26, 2005 | | By: | | Shahid S. Asghar
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| | | | | Name: Shahid S. Asghar |
| | | | | Title: President & Co-Chief Executive Officer |
Exhibit Index
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| Exhibit No. | | Description |
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10.1 | | Amendment No. 2 to Master Repurchase Agreement, dated as of August 22, 2005, by and among Merrill Lynch Bank USA, Encore Credit Corp., ECC Capital Corporation and Bravo Credit Corporation. |
10.2 | | Amendment No. 3 to the Amended and Restated Committed Note Purchase and Security Agreement, dated as of August 22, 2005, by and among ECC Capital Corporation, Encore Credit Corp., Bravo Credit Corporation and UBS Real Estate Securities Inc. |
