-----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, A4PdMKTxIPJ5NoCr8tLB8c76QT0HXqegCEmHiO48gzoUYhZedOzTEd61kM19kt+w FJSrXLVjmRkRI96Co27nlw== 0001171843-10-002710.txt : 20101230 0001171843-10-002710.hdr.sgml : 20101230 20101230121957 ACCESSION NUMBER: 0001171843-10-002710 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20101230 ITEM INFORMATION: Entry into a Material Definitive Agreement FILED AS OF DATE: 20101230 DATE AS OF CHANGE: 20101230 FILER: COMPANY DATA: COMPANY CONFORMED NAME: VITRAN CORP INC CENTRAL INDEX KEY: 0000946823 STANDARD INDUSTRIAL CLASSIFICATION: ARRANGEMENT OF TRANSPORTATION OF FREIGHT & CARGO [4731] IRS NUMBER: 000000000 STATE OF INCORPORATION: A6 FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-32449 FILM NUMBER: 101280176 BUSINESS ADDRESS: STREET 1: 185 THE WEST MALL STREET 2: SUITE 701 CITY: TORONTO STATE: A6 ZIP: M9C 5L5 BUSINESS PHONE: 416-596-7664 MAIL ADDRESS: STREET 1: 185 THE WEST MALL STREET 2: SUITE 701 CITY: TORONTO STATE: A6 ZIP: M9C 5L5 8-K 1 f8k_123010.htm FORM 8-K Unassociated Document

 
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 23, 2010
 
Vitran Corporation Inc.
 
     
(Exact name of registrant as specified in its charter)
 
         
ONTARIO, CANADA
  
001-32449
  
98-0358363
         
(State or other jurisdiction of
incorporation)
  
(Commission File Number)
  
(IRS Employer Identification No.)
         
185 The West Mall, Suite 701, Toronto, Ontario, Canada
      
M9C 5L5
         
(Address of principal executive offices)
      
(Zip code)

 
(Registrant’s telephone number, including area code)
416-596-7664

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 1.01                      Entry into a Material Definitive Agreement
 
Vitran Corporation Inc. (the “Company”) and certain of its subsidiaries entered into Amendment No. 7 to the July 31, 2007 Credit Agreement (the “Amending Agreement”) led by JPMorgan Chase Bank, N.A., as agent (the “Agent”), and other lenders that are parties thereto (the “Lending Group”).  The Amending Agreement was dated as of December 22, 2010 and became effective December 23, 2010. The Amending Agreement amends the original credit agreement dated July 31, 2007 (the “Original Credit AgreementR 21;) among the Company, certain of its subsidiaries, the Agent, and the Lending Group.  The Original Credit Agreement continues in full force and effect, other than as amended by the Amending Agreement and (i) Amendment No. 1 to Credit Agreement dated as of January 21, 2008, (ii) Amendment No. 2 to Credit Agreement dated as of April 10, 2008, (iii) Amendment No. 3 to Credit Agreement dated as of December 30, 2008, (iv) Amendment No. 4 to Credit Agreement dated as of March 6, 2009, (v) Amendment No. 5 to Credit Agreement dated as of May 8, 2009 and (vi) Amendment No. 6 to Credit Agreement dated as of September 17, 2009.
 
 
The following is a summary of the material terms of the amendments to the Original Credit Agreement, as amended by the Amending Agreement:
 
·  
The Lending Group consented for Export Development Canada (“EDC”) to provide the Company a $3.5 million term loan for the purchase of real estate in the United States.  The EDC will have first mortgage on the real estate.

·  
In addition, the Amending Agreement altered the definition of permitted disposition to allow for the transfer or sale of assets from one wholly-owned subsidiary to another.

·  
Total bank commitment under the Amending Agreement remains unchanged and all other terms and fees remain unchanged.

 
 
 

 
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, thereunto duly authorized.
 
         
   
VITRAN CORPORATION INC.
         
   
By:
 /s/ Sean P. Washchuk
 
   
Name: Sean P. Washchuk
Date:  December 30, 2010
  
Title: Vice President Finance and Chief Financial Officer
 
 

 
 
 

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