- Current report filing (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): October 30, 2008

PERRY ELLIS INTERNATIONAL, INC.

(Exact name of registrant as specified in its charter)

Florida

0-21764

59-1162998

(State or other jurisdiction

of incorporation)

(Commission File Number)

(I.R.S. Employer

Identification No.)


3000 N.W. 107 ^th Avenue
Miami, Florida		33172
(Address of principal executive offices)		(Zip Code)

Registrant’s telephone number, including area code: (305) 592-2830

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 Securities 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

Effective October 30, 2008, Perry Ellis International, Inc. (the “Company”) and certain of its subsidiaries entered into an amendment (the “Amendment”) to its Loan and Security Agreement dated October 1, 2002, as amended (the “Loan Agreement”), among the Company, the subsidiaries named as borrowers or guarantors therein, the lenders named therein (the “Lenders”), and Wachovia Bank, National Association, as agent for the Lenders. This Amendment modified the Loan Agreement to, among other things:

•

extend the term of the Loan Agreement until February 1, 2012;

•

modify the maximum loan facility amount to $125,000,000, subject to increases from time to time as may be requested by the borrowers to up to $200,000,000; and

•

adjust the interest rate pricing to be calculated based on LIBOR or the prime rate plus a margin, which depending on the level of excess availability, results in an increase of approximately 95 bps over the previous pricing grid, and adjust certain fees under the Loan Agreement.

In addition, Bank of America is joining the Lender group as syndication agent.

The foregoing description is subject to the complete terms of the Amendment, which is filed as Exhibit 10.1 to this Form 8-K.

Item 9.01

Financial Statements and Exhibits .


(c)		Exhibits .

		10.1 Amendment No. 13 to Loan and Security Agreement dated as of October 30, 2008

-1-

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.