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):November 4, 2015
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, 14th 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 November 4, 2015,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 modifies the definitions of “Management Agreement” and “Servicer Termination Event” to contemplate changes to the Company’s investment advisory agreement with BDCA Adviser, LLC following a change of control. 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 10.1 hereto, which is incorporated herein by reference.
Item 9.01.Financial Statements and Exhibits.
(d) Exhibits.
| Exhibit No. | | Description |
| 10.1 | | Amendment No. 6 dated as of November 4, 2015 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 July 24, 2012. |
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: November 6, 2015 | By: | /s/ Peter M. Budko |
| | | Name: | Peter M. Budko |
| | | Title: | Chief Executive Officer and Chairman of the Board of Directors |
EXHIBIT INDEX
| Exhibit No. | | Description |
| 10.1 | | Amendment No. 6 dated as of November 4, 2015 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 July 24, 2012. |
