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 29, 2007
Delphi Corporation
(Exact Name of Registrant as Specified in Its Charter)
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| Delaware
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1-14787
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38-3430473 |
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| (State or Other Jurisdiction
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(Commission File Number)
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(IRS Employer Identification No.) |
| of Incorporation) |
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| 5725 Delphi Drive, Troy, MI
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48098 |
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| (Address of Principal Executive Offices)
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(Zip Code) |
(248) 813-2000
(Registrant’s Telephone Number, Including Area Code)
(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 (see General
Instruction A.2. below):
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Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
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Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
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Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
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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
On January 9, 2007, Delphi Corporation (“Delphi”) entered into a Revolving Credit, Term Loan, and
Guaranty Agreement (the “Refinanced DIP Credit Facility”) to borrow up to approximately $4.5
billion from a syndicate of lenders. For more information regarding the Refinanced DIP Credit
Facility and the related approvals granted by the United States (“U.S.”) Bankruptcy Court for the
Southern District of New York under chapter 11 of the U.S. Bankruptcy Code, see Delphi’s previous
Current Report on Form 8-K filed with the U.S. Securities and Exchange Commission on January 12,
2007.
On March 29, 2007, Delphi entered into the First Amendment to the Refinanced DIP Credit Facility
(the “First Amendment”). The First Amendment provides for an amended definition of “Global
EBITDAR”, the addition of a two week LIBOR interest election option and amended monthly Global
EBITDAR covenant levels. The amended definition of Global EBITDAR provides for the removal of cash
payment limits in respect of Restructuring Costs for 2007 from the definition. The foregoing
description is qualified by the actual terms of the First Amendment, which is attached to this
document as Exhibit 99(a).
ITEM 9.01 FINANCIAL STATEMENTS AND EXHIBITS
(d) Exhibits. The following exhibit is being filed as part of this report.
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Description |
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99 (a)
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First Amendment to Revolving Credit, Term Loan,
and Guaranty Agreement, dated as of March 29, 2007 |
SIGNATURE
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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DELPHI CORPORATION
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(Registrant)
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Date: March 29, 2007 |
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By:
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/s/ JOHN D. SHEEHAN
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John D. Sheehan, |
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Vice President and Chief Restructuring Officer |
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