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): September 9, 2009
Fifth Street Finance Corp.
(Exact name of registrant as specified in its charter)
| |
|
|
|
|
| Delaware
|
|
1-33901
|
|
26-1219283 |
(State or other jurisdiction
of incorporation)
|
|
(Commission File Number)
|
|
(I.R.S. Employer Identification No.)
|
10 Bank Street, 12th floor
White Plains, New York 10606
(Address of principal executive offices and zip code)
Registrant’s telephone number, including area code: (914) 286-6800
White Plains Plaza
445 Hamilton Avenue, Suite 1206
White Plains, NY 10601
Former name or former address, if changed since last report
Check the appropriate box below if the Form 8-K 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 1.02 Termination of a Material Definitive Agreement.
On September 9, 2009, Fifth Street Finance Corp. (“Fifth Street”) gave notice of termination,
effective September 16, 2009, to Bank of Montreal with respect to Fifth Street’s existing $50
million revolving credit facility with Bank of Montreal. The revolving credit facility was
scheduled to expire on December 29, 2009 and had an interest rate of LIBOR +3.25%. Fifth Street is
terminating its $50 million revolving credit facility with Bank of Montreal because Fifth Street
received a non-binding commitment letter from a new lender for a three-year credit facility in the
amount of $50 million with an accordion feature which will allow for potential future expansion of
the facility up to $100 million, and its revolving credit facility with Bank of Montreal has
remained undrawn since it was paid down in July 2009. The new lender’s commitment is subject to
the execution of definitive documentation as well as other conditions set forth in its commitment
letter. No assurance can be given that both sides will execute definitive documentation, that the
definitive documentation will reflect the terms contained in the commitment letter, or that the
facility will occur at all. Fifth Street did not incur any early termination penalties in
connection with the termination of the Bank of Montreal revolving credit facility.
On September 10, 2009, Fifth Street issued a press release announcing the termination of its
revolving credit facility with Bank of Montreal and the commitment letter it received. The press
release is included as Exhibit 99.1 to this Form 8-K.
Item 9.01. Financial Statements and Exhibits
| (a) |
|
Not applicable. |
| |
| (b) |
|
Not applicable. |
| |
| (c) |
|
Not applicable. |
| |
| (d) |
|
Exhibits |
| |
|
|
| Exhibit No. |
|
Description |
|
|
|
99.1
|
|
Press Release dated September 10, 2009 |