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): March 31, 2010
PERRY ELLIS INTERNATIONAL, INC.
(Exact name of registrant as specified in its charter)
| | | | |
| Florida | | 0-21764 | | 59-1162998 |
(State or other jurisdiction of incorporation) | | (Commission File Number) | | (I.R.S. Employer Identification No.) |
| | |
3000 N.W. 107th Avenue Miami, Florida | | 33172 |
| (Address of principal executive offices) | | (Zip Code) |
Registrant’s telephone number, including area code: (305) 592-2830
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 Securities 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 |
Effective March 31, 2010, Perry Ellis International, Inc. (the “Company”) and certain of its subsidiaries entered into an amendment (the “Amendment”) to its Loan and Security Agreement dated October 1, 2002, as amended (the “Loan Agreement”), among the Company, the subsidiaries named as borrowers or guarantors therein, the lenders named therein (the “Lenders”), and Wachovia Bank, National Association, as agent for the Lenders. This Amendment modified the Loan Agreement to permit the sale of all present and future accounts receivable due from Kohl’s Corporation to Bank of America, N. A. (“Bank of America”) and the release of the Lenders’ security interest in any such receivables sold to Bank of America.
The foregoing description is subject to the complete terms of the Amendment, which is filed as Exhibit 10.1 to this Form 8-K.
| Item 9.01 | Financial Statements and Exhibits. |
10.1 Amendment No. 15 to Loan and Security Agreement dated as of March 31, 2010
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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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| | PERRY ELLIS INTERNATIONAL, INC. |
| | |
| Date: April 6, 2010 | | By: | | /s/ Cory Shade |
| | | | Cory Shade, General Counsel |
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EXHIBIT INDEX
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Exhibit No. | | Description |
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| 10.1 | | Amendment No. 15 to Loan and Security Agreement dated as of March 31, 2010 |
