UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K/A
Amendment No. 1
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934
Date of Report: June 5, 2007
Date of earliest event reported: May 31, 2007
WESTAFF, INC.
(Exact Name of Registrant as Specified in its Charter)
Delaware |
(State or Other Jurisdiction |
of Incorporation) |
| | |
000-24990 | | 94-1266151 |
(Commission | | (I.R.S. Employer |
File Number) | | Identification No.) |
298 North Wiget Lane, Walnut Creek, CA 94598
(Address of Principal Executive Offices, including Zip Code)
(925) 930-5300
(Registrant’s telephone number, including area code)
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))
Explanatory Note
The agreement which is Exhibit 10.8.20.10 to the 8-K was in fact entered into and effective May 31, 2007. It had been anticipated that it would be effective May 24, 2007, hence the 8-K was filed May 31, 2007, which was an error. Attached to this Amendment is a fully executed Exhibit 10.8.20.10.
Item 1.01 Entry into a Material Definitive Agreement.
The Registrant, certain subsidiaries of the Registrant, General Electric Capital Corporation and Bank of America, N.A. executed the Eleventh Amendment to the Multicurrency Credit Agreement, Limited Waiver and Consent of Guarantors, entered into and effective as of May 31, 2007 (the “Amendment”). The Amendment provides a waiver for an event of default which occurred as of the end of Registrant’s second quarter fiscal 2007, provides a waiver for an event of default which occurred on May 9, 2007 when Registrant’s Board of Directors was expanded to nine and five new members were appointed, and lowers the trailing twelve month EBITDA covenant requirements for third quarter fiscal 2007 and each quarter thereafter. A copy of the Amendment is attached hereto and incorporated herein as Exhibit 10.8.20.10.
Item 9.01 Financial Statements and Exhibits.
(d) Exhibits
Exhibit No. | | Description of Document |
| | |
10.8.20.10 | | Eleventh Amendment to Multicurrency Credit Agreement, Limited Waiver and Consent of Guarantors |
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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 thereunto duly authorized.
| WESTAFF, INC. |
| | |
| | |
| By: | /s/ John P. Sanders | |
| | John P. Sanders |
| | Senior Vice President, Chief Financial |
| | Officer and Treasurer |
| | |
Date: June 5, 2007 | |
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EXHIBIT INDEX
Exhibit No. | | Description of Document |
| | |
10.8.20.10 | | Eleventh Amendment to Multicurrency Credit Agreement, Limited Waiver and Consent of Guarantors |
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