8-K 1 d8k.htm CURRENT REPORT Current Report

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) January 26, 2007

 


DOMINION HOMES, INC.

(Exact name of registrant as specified in its charter)

 


 

Ohio   0-23270   31-1393233

(State or other jurisdiction

of incorporation)

  (Commission File Number)  

(IRS Employer

Identification No.)

 

5000 Tuttle Crossing Boulevard, P.O. Box 5000, Dublin, Ohio   43016-5555
(Address of principal executive offices)   (Zip Code)

(614) 356-5000

(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):

 

¨ Written communication 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-14(c) under the Exchange Act (17 CFR 240.13e-4(c))

 



Item 1.01 Entry into a Material Definitive Agreement.

On January 26, 2007, Dominion Homes, Inc. (the “Company”), and all of the participating lenders, the Huntington National Bank as Administrative Agent, and Silver Point Finance, LLC, as Senior Administrative Agent entered into Amendment No. 1 (the “Amendment”) to the Third Amended and Restated Credit Agreement (the “Credit Agreement”) dated as of December 29, 2006. Pursuant to the Amendment, the Lenders will allow the Company to keep outstanding certain cash collateralized letters of credit issued by Fifth Third Bank rather than terminating and replacing them as provided in the Credit Agreement. The Lenders waived any potential Event of Default (as defined in the Credit Agreement) in connection with such action. As part of the Amendment, the Lenders also consented to a proposed sale of real property by the Company, provided that the proceeds of the sale are applied in accordance with the Credit Agreement.

The above description is qualified in its entirety by reference to the full text of the Amendment No. 1 to Third Amended and Restated Credit Agreement, which is attached hereto and incorporated by reference herein as Exhibit 10.1.

Item 9.01 Financial Statements and Exhibits.

 

  (d) Exhibits.

 

Exhibit

Number

 

Description

10.1   Amendment No. 1 to Third Amended and Restated Credit Agreement dated January 26, 2007, among Dominion Homes, Inc., The Huntington National Bank, as an Issuing Bank and Administrative Agent, Silver Point Finance, LLC, as an Issuing Bank and Senior Administrative Agent, and the Lenders listed therein.


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.

 

DOMINION HOMES, INC.
By:  

/s/ William G. Cornely

 

William G. Cornely,

Senior Vice President of Finance and

Chief Financial Officer

Date: January 29, 2007