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): May 8, 2013
SPX CORPORATION
(Exact Name of Registrant as specified in Charter)
Delaware |
| 1-6948 |
| 38-1016240 |
(State or Other Jurisdiction of |
| (Commission File Number) |
| (I.R.S. Employer |
Incorporation) |
|
|
| Identification No.) |
13320 Ballantyne Corporate Place
Charlotte, North Carolina 28277
(Address of Principal Executive Offices) (Zip Code)
Registrant’s telephone number, including area code (704) 752-4400
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:
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 1.01. ENTRY INTO A MATERIAL DEFINITIVE AGREEMENT.
Amendment to Senior Credit Facilities
On May 8, 2013, SPX Corporation (“SPX”), certain of its subsidiaries, the Lenders party thereto, Deutsche Bank AG Deutschlandgeschäft Branch, as Foreign Trade Facility Agent, and Bank of America, N.A., as Administrative Agent, entered into an agreement to amend SPX’s existing senior credit facilities, established on June 30, 2011 (the “Second Amendment”).
The Second Amendment:
· Amended the definition of Consolidated EBITDA relating to the add-back of non-cash compensation expenses to confirm the add-back of the non-cash compensation expense of SPX’s contribution of its stock to its 401(k) program, and
· Amended the definition of LIBO Rate to capture a successor rate to LIBOR should the British Bankers Association quoted LIBOR not be available.
A copy of the Second Amendment is filed as an exhibit to this Form 8-K.
Item 9.01. Financial Statements and Exhibits.
(d) Exhibits
Exhibit No. |
| Description |
|
|
|
10.1 |
| Second Amendment to Credit Agreement, dated as of May 8 2013, by and among SPX Corporation, the Foreign Subsidiary Borrowers, the Subsidiary Guarantors, Lenders party thereto, Deutsche Bank AG Deutschlandgeschäft Branch, as Foreign Trade Facility Agent, and Bank of America, N.A., as Administrative Agent. |
SIGNATURE
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.
| SPX CORPORATION | |
|
| |
Date: May 9, 2013 | By: | /s/ Jeremy W. Smeltser |
|
| Jeremy W. Smeltser |
|
| Vice President and Chief Financial Officer |
Exhibit Index
Exhibit No. |
| Description |
|
|
|
10.1 |
| Second Amendment to Credit Agreement, dated as of May 8 2013, by and among SPX Corporation, the Foreign Subsidiary Borrowers, the Subsidiary Guarantors, Lenders party thereto, Deutsche Bank AG Deutschlandgeschäft Branch, as Foreign Trade Facility Agent, and Bank of America, N.A., as Administrative Agent. |