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): September 17, 2009
LIBERTY GLOBAL, INC.
(Exact name of registrant as specified in its charter)
Delaware | | 000-51360 | | 20-2197030 |
(State or other jurisdiction of
incorporation or organization) | | (Commission
File Number) | | (I.R.S. Employer
Identification No.) |
12300 Liberty Boulevard, Englewood, Colorado 80112
(Address of principal executive offices and zip code)
Registrant’s telephone number, including area code: (303) 220-6600
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):
o | | Written communications 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 2.03 Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant.
Liberty Global, Inc. indirectly owns 100% of UPC Broadband Holding BV (UPC Broadband Holding). On September 17, 2009 the existing Facility T, under UPC Broadband Holding’s senior secured bank facility, as amended from time to time (the UPC Broadband Holding Bank Facility), was increased by a $51,138,500 term loan facility (Facility T4) made pursuant to an Additional Facility T Accession Agreement (the Facility T4 Accession Agreement). Pursuant to the Facility T4 Accession Agreement a lender (the Rolling Lender) under the existing Facility L under the UPC Broadband Holding Bank Facility agreed to roll its existing Facility L commitment into the new Facility T4 by novating its existing Facility L commitment to Liberty Global Europe BV (LG Europe) a direct subsidiary of UPC Broadband Holding, and entering into the new Facility T4. LG Europe is the initial lender under Facility T4 and will novate its commitment to the Rolling Lender. The completion of Facility T4 is subject to the execution of the applicable novation certificates by the relevant parties. Facility T4 will bear interest at a rate of LIBOR plus 3.50%.
Item 9.01. Financial Statements and Exhibits.
(d) Exhibits.
Exhibit No. | | Name |
4.1 | | Additional Facility T Accession Agreement, dated September 17, 2009, among UPC Financing Partnership, as Borrower, UPC Broadband Holding B.V., Toronto Dominion (Texas) LLC as Facility Agent and TD Bank Europe Limited as Security Agent, and Liberty Global Europe B.V. as Additional Facility T Lender, under the UPC Broadband Holding Bank Facility. |
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SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
Date: September 18, 2009
| LIBERTY GLOBAL, INC. |
| |
| By: | /s/ Randy L. Lazzell |
| Name: | Randy L. Lazzell |
| Title: | Vice President |
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Exhibit Index
Exhibit No. | | Name |
4.1 | | Additional Facility T Accession Agreement, dated September 17, 2009, among UPC Financing Partnership, as Borrower, UPC Broadband Holding B.V., Toronto Dominion (Texas) LLC as Facility Agent and TD Bank Europe Limited as Security Agent, and Liberty Global Europe B.V. as Additional Facility T Lender, under the UPC Broadband Holding Bank Facility. |
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