-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, OizVM+TltWBUn5kpQEARGLGgnD/VY0No160v3ks8ReSi2rfXhMcfZaR9ELeRHtk2 28837esFwcx7ZbNGbFPd+Q== 0001193125-07-242480.txt : 20071109 0001193125-07-242480.hdr.sgml : 20071109 20071109161915 ACCESSION NUMBER: 0001193125-07-242480 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20071108 ITEM INFORMATION: Entry into a Material Definitive Agreement ITEM INFORMATION: Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20071109 DATE AS OF CHANGE: 20071109 FILER: COMPANY DATA: COMPANY CONFORMED NAME: CENTRAL EUROPEAN DISTRIBUTION CORP CENTRAL INDEX KEY: 0001046880 STANDARD INDUSTRIAL CLASSIFICATION: WHOLESALE-BEER, WINE & DISTILLED ALCOHOLIC BEVERAGES [5180] IRS NUMBER: 541865271 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-24341 FILM NUMBER: 071231897 BUSINESS ADDRESS: STREET 1: TWO BALA PLAZA STREET 2: SUITE 300 CITY: BALA CYNWYD STATE: PA ZIP: 19004 BUSINESS PHONE: 6106607817 MAIL ADDRESS: STREET 1: TWO BALA PLAZA STREET 2: SUITE 300 CITY: BALA CYNWYD STATE: PA ZIP: 19004 8-K 1 d8k.htm FORM 8-K Form 8-K

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) – November 8, 2007

 


CENTRAL EUROPEAN DISTRIBUTION CORPORATION

(Exact Name of Registrant as Specified in Charter)

 


 

DELAWARE   0-24341   54-18652710

(State or Other Jurisdiction

of Incorporation)

  (Commission File Number)  

(IRS Employer

Identification No.)

 

Two Bala Plaza, Suite 300

Bala Cynwyd, Pennsylvania

  19004
(Address of Principal Executive Offices)   (Zip Code)

(610) 660-7817

(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:

 

¨ 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))

 



Item 1.01. Entry into a Material Definitive Agreement.

On November 8, 2007, Carey Agri International Poland Sp. z o.o., a wholly-owned subsidiary of Central European Distribution Corporation, entered into an amendment (the “Amendment”) to its multipurpose non-revolving credit line agreement (the “Credit Facility”) with Fortis Bank SA/NV, Austrian Branch.

The Amendment extends the maturity date of the Credit Facility from November 9, 2007 to January 8, 2008.

A copy of the Amendment is filed as exhibit 10.1 to this Form 8-K and is incorporated herein by reference.

 

Item 2.03. Creation of a Direct Financial Obligation or an Obligation Under an Off-Balance Sheet Arrangement of a Registrant.

The disclosure required by this item is included in Item 1.01 and is incorporated herein by reference.

 

Item 9.01. Financial Statements and Exhibits.

(d) Exhibits.

 

Exhibit No.

  

Description

10.1

   Annex 6 to Multipurpose Non-Revolving Credit Line Agreement by and between Fortis Bank SA/NV and Carey Agri International Poland Sp. z o.o. dated November 8, 2007


SIGNATURE

Pursuant to the requirements of the Securities Exchange Act of 1934, Central European Distribution Corporation has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 

CENTRAL EUROPEAN DISTRIBUTION CORPORATION
By:  

/s/ Chris Biedermann

  Chris Biedermann
  Vice President and Chief Financial Officer

Date: November 9, 2007


EXHIBIT INDEX

 

Exhibit No.

  

Description

10.1

   Annex 6 to Multipurpose Non-Revolving Credit Line Agreement by and between Fortis Bank SA/NV and Carey Agri International Poland Sp. z o.o. dated November 8, 2007
EX-10.1 2 dex101.htm ANNEX 6 TO MULTIPURPOSE NON-REVOLVING CREDIT LINE AGREEMENT Annex 6 to Multipurpose Non-Revolving Credit Line Agreement

Exhibit 10.1

Annex no. 6 to MULTIPURPOSE NON-REVOLVING CREDIT LINE AGREEMENT

no. 015023-510-0l

of October 12, 2006

entered into force on November 08, 2007 by and between:

Fortis Bank S.A./NV, Austrian Branch with its registered office at Technologiestrasse 8, 1120 Wien, Austria entered into Commerce Register maintained by the Republic of Austria, under No. FN 263765 („Bank”), represented by:

1) Andrea Vaz-Konig - Business Center Manager

2) Alfred Vunderl-Auner - Chief Accountant

and

Carey Agri International Poland Spółka z ograniczona odpowiedzialnoscia (limited liability company) with its registered office in Warsaw 02-690, ul. Bokserska 66A, entered into the District Court for the capital city of Warsaw, XIII Commercial Division of the National Court Register under KRS no. 51098, tax identification number (NIP): 526-020-93-95 and statistical number (REGON): 002160096, holding share capital of PLN 473 500 000,00 PLN entirely paid in („the Borrower”), represented by:

1) William V. Carey

2)                     -                     

in connection with the extension of the financing term of the credit facility, the Parties hereto amend the Multipurpose non-revolving credit line agreement no. 015023-510-0l dated October 12, 2006 and changed lately by Amendment no. 5 dated October 10, 2007 („Agreement”) in the following way:

 

  I. Bank and the Borrower hereby declare that the outstanding amount based on the Agreement is PLN 300,000,000.00 (say: three hundred million zlotys).

 

  II. The current clause 3 of the Agreement will have the following wording:

 

  3. Financing term: until January 08, 2008.

 

  III. The current clause 4 of the Agreement will have the following wording:

 

  4. Current credit term: until January 08, 2008.

 

  IV. Other stipulations of the Agreement will remain unchanged.

The Borrower hereby gives its consent to furnish any information related to the Loan and the Borrower, obtained by the Bank during negotiations and pertaining to conclusion and performance of this Agreement, to the Bank’s principal shareholder, i.e. Fortis Bank S.A./NV with its registered office in Brussels, Fortis Lease Polska Sp. z o. o. with its registered office in Warsaw and Fortis Investments Polska S.A. with its registered office in Warsaw and Dominet Bank S.A. with its seat in Lubin, likewise to other entities of Fortis Bank Group*. The Bank is allowed to provide such information both in the course of this Agreement and after its expiry.


The Bank hereby informs the Borrower that the Bank may forward any information related to the loan to the Interbank Economic Information System – Banking Register (MIG-BR) administered by the Polish Banks Association, likewise that the Bank may disclose any data gathered in the MIG-BR system to economic information bureaus that operate under the Act of February 14, 2003 on disclosing economic information (Journal of Laws No. 50, item 424 as amended) based on the requests of such bureaus and to the extent specified therein.


*) Information on Fortis Group entities is available at: www.fortisbank.com.pl

 

/s/ Andrea Vaz-Konig

/s/ Alfred Vunderl-Auner

Stamp and signatures for the Bank

 

/s/ William V. Carey

Company stamp and signatures of representatives authorised to assume financial obligations on behalf of the Borrower.

The signature of the Borrower has been affixed in my presence.

 

Izabela Bogumił

   

/s/ Bogumił

name and surname of the Bank’s employee     signature of the Bank’s employee
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