Ballantyne OF Omaha Inc - Current report filing (8-K)
October 02 2008 - 4:57PM
Edgar (US Regulatory)
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
September 26, 2008
Date
of Report (Date of earliest event reported)
BALLANTYNE
OF OMAHA, INC.
(Exact
name of registrant as specified in its charter)
Delaware
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1-13906
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47-0587703
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(State or other jurisdiction of
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(Commission
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(IRS Employer
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incorporation or organization)
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File No.)
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Identification Number)
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4350 McKinley Street
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Omaha,
Nebraska
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68112
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(Address of principal executive offices)
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(Zip Code)
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(402) 453-4444
(Registrants
telephone number including area code)
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 (see General Instruction A.2.
below):
o
W
ritten communications pursuant to Rule 425 under the Securities Act
(17 CFR 230.425)
o
Soliciting material pursuant to Rule 14a-12 under the
Exchange Act (17 CFR 240.14a-12)
o
Pre-commencement communications pursuant to Rule 14d-2(b) under
the Exchange Act (17 CFR 240.14d-2(b))
o
Pre-commencement communications pursuant to Rule 13e-4(c) under
the Exchange Act (17 CFR 240.13e-4(c))
Form 8-K
Item 3.03
Material
Modification of Rights of Security Holders
Effective September 26, 2008, the Company entered into a Ninth
Amendment (the Amendment) to its Revolving Credit Agreement (the Original
Credit Facility) with First National Bank of Omaha, Inc. to extend the
maturity date of the interim extension of credit (the Interim Credit Facility)
to August 30, 2009 and to reduce the available borrowings under the Interim
Credit Facility to $9.4 million. The Amendment also contains certain other
nonmaterial amendments to the Revolving Credit Agreement.
The credit facilities contain certain restrictions primarily related to
restrictions on acquisitions and dividends. All of the Companys personal
property and certain stock in its subsidiaries secure the credit facilities. No
amounts are currently outstanding under either of the credit facilities.
Item 9.01
Financial Statements and Exhibits
(d) Exhibits.
4.1 Ninth Amendment to the Revolving Credit Agreement
dated September 26, 2008 between the Company and First National Bank of
Omaha, Inc.
4.2 Secured Business Promissory Note dated September 26,
2008 between the Company and First National Bank of Omaha, Inc.
SIGNATURE
Pursuant
to the requirements of the Securities Exchange Act of 1934, as amended, the
registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.
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BALLANTYNE
OF OMAHA, INC.
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Date:
October 2, 2008
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By:
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/s/
Kevin Herrmann
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Kevin
Herrmann
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Secretary/Treasurer
and
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Chief
Financial Officer
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2
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