8-K 1 htm_17162.htm LIVE FILING Landry's Restaurants, Inc. (Form: 8-K)  

 


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):   December 19, 2006

Landry's Restaurants, Inc.
__________________________________________
(Exact name of registrant as specified in its charter)

     
Delaware 000-22150 76-0405386
_____________________
(State or other jurisdiction
_____________
(Commission
______________
(I.R.S. Employer
of incorporation) File Number) Identification No.)
      
1510 West Loop South, Houston, Texas   77027
_________________________________
(Address of principal executive offices)
  ___________
(Zip Code)
     
Registrant’s telephone number, including area code:   713-850-1010

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:

[  ]  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 8.01 Other Events.

On December 19, 2006, Landry's Restaurants, Inc. received approval from a majority of its lenders to amend its Bank Credit Facility whereby (i) the Term Lenders have the option to refuse mandatory prepayments from dispositions, incurrence of debt, extraordinary receipts or excess cash flow with such refused prepayments applied to the Revolving Credit Facility (or retained by the Company in the case of sale-and-leaseback transactions), (ii) the amount of annual maintenance capital expenditures required is reduced to reflect the divestiture of Joe’s Crab Shack, and (iii) the definition of Fixed Charge Coverage Ratio is revised to account for the pro forma impact of acquisitions or dispositions.






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.

         
    Landry's Restaurants, Inc.
          
December 20, 2006   By:   Steven L. Scheinthal
       
        Name: Steven L. Scheinthal
        Title: Executive Vice President and General Counsel