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SECURITIES AND EXCHANGE COMMISSION
UNITED STATES
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) October 20, 2005
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INTERMET CORPORATION
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(Exact name of registrant as specified in its charter)
Georgia 0-13787 58-1563873
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(State or other jurisdiction (Commission (IRS Employer
of incorporation) File Number) Identification No.)
5445 Corporate Drive, Suite 200 48098-2683
Troy, Michigan ----------
(Address of principal executive offices) (Zip Code)
Registrant's telephone number including area code: (248) 952-2500
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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))
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Item 1.01 Entry into a Material Definitive Agreement.
On October 14, 2005, Intermet entered into a Ninth Amendment
to the Debtor in Possession Credit Agreement (the "Ninth Amendment") among
Intermet, certain of Intermet's subsidiaries (collectively, the "Borrowers"), a
group of lenders (the "Lenders"), Deutsche Bank Trust Company Americas
("Deutsche Bank"), as collateral agent for the Lenders and as co-agent, and The
Bank of Nova Scotia ("Scotia Capital"), as administrative agent for Lenders. The
Ninth Amendment was subject to Bankruptcy Court approval, and the court entered
an order approving the amendment on October 20, 2005. The Ninth Amendment amends
Intermet's Debtor in Possession Credit Agreement dated as of October 22, 2004,
as previously amended as of November 8, 2004, November 19, 2004, December 23,
2004, January 14, 2005, January 26, 2005, March 28, 2005, May 31, 2005 and June
24, 2005 (the Debtor in Possession Credit Agreement, as amended, is referred to
as the "Credit Agreement"). Deutsche Bank and Scotia Capital are also parties to
the company's pre-petition First Amended and Restated Credit Agreement dated
January 8, 2004.
The Ninth Amendment extends the maturity date of the Credit
Agreement to October 28, 2005 and also provides the parties the ability to
extend the maturity date to November 4, 2005 and subsequently to November 10,
2005. In addition, the Ninth Amendment clarifies the Lenders' consent to certain
asset sales and provides that the Debtors will not be require to apply the
proceeds of certain asset sales to reduce revolving loan commitments under the
Credit Agreement unless the proceeds exceed $5.0 million in the aggregate.
In consideration for the amendments to the Credit Agreement
contained in the Ninth Amendment, the Borrowers have paid Scotia Capital, as the
Administrative Agent and for the benefit of each Lender who executed the Ninth
Amendment, a fee of $250,000.
A copy of the Ninth Amendment is included as Exhibit 10.1 to
this Current Report on Form 8-K.
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Item 9.01 Financial Statements and Exhibits.
(a) Not applicable
(b) Not applicable
(c) Not applicable
(d) Exhibits:
The following exhibit is being filed herewith:
10.1 Ninth Amendment to Debtor-In-Possession Credit Agreement dated as
of October 14, 2005.
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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.
INTERMET CORPORATION
Dated: October 26, 2005 By: /s/ Alan J. Miller
Alan J. Miller
Vice President, General Counsel and
Assistant Secretary
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Exhibit Index
Exhibit No. Description
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10.1 Ninth Amendment to Debtor-In-Possession Credit Agreement
dated as of October 14, 2005.
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