|
Quotes & Info
|
| THO > SEC Filings for THO > Form 8-K on 22-Jan-2009 | All Recent SEC Filings |
22-Jan-2009
Entry into a Material Definitive Agreement
On January 15, 2009, Thor Industries, Inc. (the "Company") entered into a
Credit Agreement (the "Credit Agreement") with Stephen Adams, in his individual
capacity, and Stephen Adams and his successors, as trustee under the Stephen
Adams Living Trust (the "Trust" and together with each of the foregoing persons,
the "Borrowers"), pursuant to which the Company loaned $10 million to the
Borrowers (the "Loan"). The Borrowers own approximately 90% of FreedomRoads
Holding Company, LLC ("FreedomRoads"), the parent company of one of the
Company's dealers, and pursuant to the terms of the Credit Agreement, the
Borrowers agreed to use the proceeds of the Loan solely to make an equity
contribution to FreedomRoads to enable FreedomRoads to repay its principal
obligations under floorplan financing arrangements with third parties in respect
of products of the Company and its subsidiaries.
The principal amount of the Loan is payable in full on January 15, 2014 and
bears interest at a rate of 12% per annum. Interest is payable in kind for the
first year of the Loan and is payable in cash on a monthly basis thereafter. The
Credit Agreement also contains customary representations and warranties,
affirmative and negative covenants, events of default and acceleration
provisions for a loan of this type.
The obligations of the Borrowers under the Credit Agreement are guaranteed by
FreedomRoads and are secured by a first priority security interest in all of the
direct and indirect legal, equitable and beneficial interests of the Borrowers
in FreedomRoads.
In connection with the Loan, the Borrowers caused FreedomRoads and its
subsidiaries (collectively, the "FR Dealers"), to enter into an agreement
pursuant to which the FR Dealers agreed to purchase additional recreation
vehicles from the Company and its subsidiaries. The term of this agreement
continues until the repayment in full of the Loan under the Credit Agreement
(including any refinancing or replacement thereof).
A copy of the Credit Agreement is attached hereto as Exhibit 10.1 to this
Form 8-K and is incorporated herein by reference. The foregoing summary of the
Credit Agreement does not purport to be complete and is subject to and qualified
in its entirety by reference to the attached agreement.
Item 9.01 Financial Statements and Exhibits.
(d) Exhibits
Exhibit Number Description
10.1 Credit Agreement between the Company and Stephen Adams, in his
individual capacity, and Stephen Adams and his successors, as trustee
under the Stephen Adams Living Trust, dated January 15, 2009.
|
|
|