1
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 8-K
CURRENT REPORT PURSUANT TO SECTION 13 OR
15(d) OF THE SECURITIES ACT OF 1934
DATE OF REPORT (DATE OF EARLIEST EVENT REPORTED):
January 26, 2001 (October 25, 2000)
ECHOSTAR DBS CORPORATION
-----------------------------------------------------
(EXACT NAME OF REGISTRANT AS SPECIFIED IN ITS CHARTER)
Colorado 333-31929 84-1328967
- --------------------------------------------------------------------------------
(STATE OR OTHER (COMMISSION (I.R.S. EMPLOYER
JURISDICTION OF FILE NUMBER) IDENTIFICATION NO.)
INCORPORATION)
5701 S. SANTA FE DRIVE, LITTLETON, COLORADO 80120
- --------------------------------------------------------------------------------
(ADDRESS OF PRINCIPAL EXECUTIVE OFFICES)(ZIP CODE)
Registrant's telephone number, including area code: (303) 723-1000
----------------------------------------------------------------------
(FORMER NAME OR FORMER ADDRESS, IF CHANGED SINCE LAST REPORT.)
2
ITEM 5. OTHER EVENTS
On October 25, 2000, as contemplated by the terms of the indenture
governing EchoStar Broadband Corporation's 10 3/8% Senior Notes due 2007 (the
"10 3/8% Seven Year Notes"), EchoStar DBS Corporation, a wholly-owned subsidiary
of EchoStar Broadband Corporation ("EDBS"), amended the terms of its indentures
governing the 9 3/8% Senior Notes due 2009 and the 9 1/4% Senior Notes due 2006
(the "Indentures") to provide that the recording of some or all of the
indebtedness represented by the 10 3/8% Seven Year Notes on its balance sheet as
a result of the application of generally accepted accounting principals and
related rules prior the completion of EDBS' offer to exchange all of the
outstanding 10 3/8% Seven Year Notes for a new class of notes issued by EDBS
would not be deemed to constitute an incurrence of indebtedness for certain
purposes under the Indentures. These amendments were approved by more than a
majority in principal amount of each issue of the 9 3/8% Senior Notes due 2009
and the 9 1/4% Senior Notes due 2006. The cost of obtaining these consents was
immaterial to EDBS.
ITEM 7. EXHIBITS INDEX
Exhibit Description
1.1 First Supplemental Indenture dated as of October 25, 2000 related to
the 9 3/8% Senior Notes due 2009 by and among EDBS, the guarantors
named therein and U.S. Bank Trust National Association, as trustee.
1.2 First Supplemental Indenture dated as of October 25, 2000 related to
the 9 1/4% Senior Notes due 2006 by and among EDBS, the guarantors
named therein and U.S. Bank Trust National Association, as trustee.
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.
ECHOSTAR DBS CORPORATION
Date: January 26, 2001
By /s/ David K. Moskowitz
---------------------------------------
David K. Moskowitz
Senior Vice President, General Counsel,
Secretary and Director
3
INDEX TO EXHIBITS
EXHIBIT
NUMBER DESCRIPTION
- ------- -----------
1.1 First Supplemental Indenture dated as of October 25, 2000 related to
the 9 3/8% Senior Notes due 2009 by and among EDBS, the guarantors
named therein and U.S. Bank Trust National Association, as Trustee.
1.2 First Supplemental Indenture dated as of October 25, 2000 related to
the 9 1/4% Senior Notes due 2006 and among EDBS, the guarantors named
therein and U.S. Bank Trust National Association, as Trustee.