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): June 9, 2009 (June 8, 2009)
Westar Energy, Inc.
(Exact Name of Registrant as Specified in Charter)
| | | | |
| | Kansas | | |
| | (State or Other Jurisdiction of Incorporation) | | |
| | |
| 1-3523 | | | | 48-0290150 |
| (Commission File Number) | | | | (IRS Employer Identification No.) |
| | |
818 South Kansas Avenue Topeka, Kansas | | 66611 |
| (Address of Principal Executive Offices) | | (Zip Code) |
Registrant’s telephone number, including area code: (785) 575-6300
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-11 under the Exchange Act (17 CFR 240.14a-11) |
| ¨ | 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)) |
Section 2 – Financial Information
| Item 2.03. | Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant. |
On June 8, 2009, Kansas Gas and Electric Company (the “Company”), our wholly-owned subsidiary, entered into a Purchase Agreement (the “Agreement”) with BNY Mellon Capital Markets, LLC, Citigroup Global Markets Inc. and Credit Suisse Securities (USA) LLC as representatives of the Initial Purchasers identified therein (“Purchasers”). Under the terms of the Agreement, the Company will sell $300,000,000 principal amount of First Mortgage Bonds, 6.70% Series due 2019 (the “Bonds”) to the Purchasers on June 11, 2008, subject to the satisfaction of customary closing conditions. The Bonds will be issued under the Company’s Mortgage and Deed of Trust, dated as of April 1, 1940, as amended, and will mature on June 15, 2019. The sale of the Bonds is being made by the Company in reliance on exemptions from registration under the Securities Act of 1933, as amended, for offers and sales of securities that do not involve a public offering.
The foregoing summary is qualified in its entirety by reference to the text of the Agreement, a copy of which is filed as Exhibit 4.1 hereto and incorporated by reference.
Section 9 – Financial Statement and Exhibits
| Item 9.01 | Financial Statements and Exhibits. |
| | |
Exhibit No. | | Description |
4.1 | | Purchase Agreement, dated as of June 8, 2009, between KGE and the Purchasers. |
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.
| | | | |
| | | WESTAR ENERGY, INC. |
| | |
| Date: June 9, 2009 | | By: | | /s/ Larry D. Irick |
| | Name: | | Larry D. Irick |
| | Title: | | Vice President, General Counsel and Corporate Secretary |
Index to Exhibits
| | |
Exhibit No. | | Description |
4.1 | | Purchase Agreement, dated as of June 8, 2009, between KGE and the Purchasers. |
