8-K 1 wi1637.txt ================================================================================ EFFECTIVE AUGUST 23RD, 2004 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) November 19, 2004 WALTER INDUSTRIES, INC. ------------------------------------------------------ (Exact name of registrant as specified in its charter) Delaware 001-13711 13-3249953 ---------------------------- ------------ ------------------- (State or other jurisdiction (Commission (I.R.S. Employer of incorporation) File Number) Identification No.) 4211 W. Boy Scout Boulevard, Tampa, Florida 33607 ------------------------------------------- ---------- (Address of principal executive offices) (Zip Code) Registrant's telephone number, including area code (813) 871-4811 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 (see General Instruction A.2. below): [ ] 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 19, 2004 an amended and Restated Variable Funding Loan Agreement was completed among YC SUSI Trust, a Lender, Atlantic Asset Securitization Corporation, a Lender, Mid-State Trust IX, the Borrower, Wachovia Bank National Association, the Custodian Collateral Agent, Bank of America, N.A. an Agent, Managing Agent and Bank Investor and Calyon New York Branch, a Managing Agent and Bank Investor (the "Facility"). The Facility is a $400.0 million warehouse facility renewable on January 31, 2005. The Trust IX Variable Funding Loan Facility provides temporary financing to Mid-State Homes, Inc. ("Mid-State") for its current purchases of instalment notes from Jim Walter Homes, Inc., and its affiliated builders, and purchases of loans from Walter Mortgage Company. Trust IX is a Delaware Statutory Trust whose assets are limited to pledged instalment notes, mortgage notes and mortgages purchased from Mid-State. Walter Industries, Inc. is not a party to the facility, but the facility provides liquidity to Walter Industries, Inc. and its affiliates. Bank of America, N.A. is the Administrative Agent for the Company's senior secured revolving credit Facility. Wachovia Bank, National Association is the Company's 401K plan administrator and a lender in the Company's senior secured revolving credit facility. Both Bank of America, N.A. and Wachovia Bank, National Association provide other services to Walter Industries, Inc. and its affiliates. 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. WALTER INDUSTRIES, INC. Date November 22, 2004 By: /s/ VICTOR P. PATRICK ---------------------------- Title: Victor P. Patrick Sr. Vice President, General Counsel and Secretary