Attached files
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| EX-4.1 - EX-4.1 - Liberty Global, Inc. | a11-22922_5ex4d1.htm |
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): August 2, 2011
LIBERTY GLOBAL, INC.
(Exact name of registrant as specified in its charter)
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Delaware |
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000-51360 |
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20-2197030 |
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(State or other jurisdiction of |
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(Commission |
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(I.R.S. Employer |
12300 Liberty Boulevard, Englewood, Colorado 80112
(Address of principal executive offices and zip code)
Registrant’s telephone number, including area code: (303) 220-6600
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):
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Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
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Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
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Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
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Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) |
Item 2.03 Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant.
On August 2, 2011, UPC Broadband Holding BV, a subsidiary of Liberty Global, Inc., entered into a new additional facility accession agreement (the Additional Facility AA2 Accession Agreement) under UPC Broadband Holding’s senior secured bank facility (as amended, the UPC Broadband Holding Bank Facility). Pursuant to the Additional Facility AA2 Accession Agreement, the existing Facility AA was increased by certain lenders (the Facility AA2 Lenders) in an aggregate principal amount of €290.3 million ($413.4 million at the August 1, 2011 exchange rate) (Facility AA2). UPC Broadband Operations B.V. (UPC Operations), a direct subsidiary of UPC Broadband Holding, was the initial lender under the Additional Facility AA2 Accession Agreement and novated its Facility AA2 commitment to the Facility AA2 Lenders. The final maturity date for Facility AA2 is July 31, 2016. A commitment fee of 1.30% per year of the undrawn uncancelled portion of the total Facility AA2 commitment is payable quarterly in arrears. Facility AA2 bears interest at a rate of EURIBOR plus 3.25%. In connection with the execution of the Additional Facility AA2 Accession Agreement, one lender novated €33.2 million ($47.3 million at the August 1, 2011 exchange rate) of its drawn Facility M and $30.0 million of its drawn Facility N commitments under the UPC Broadband Holding Bank Facility to UPC Operations. In addition, one lender novated €3.6 million ($5.1 million at the August 1, 2011 exchange rate) of its drawn Facility M commitment to UPC Operations.
Item 9.01. Financial Statements and Exhibits.
(d) Exhibits.
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Exhibit No. |
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Name |
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4.1 |
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Additional Facility AA2 Accession Agreement, dated August 2, 2011, among UPC Financing Partnership as Borrower, UPC Broadband Holding B.V., The Bank of Nova Scotia as Facility Agent and Security Agent, and UPC Broadband Operations B.V. as an Additional Facility AA2 Lender, under the senior secured credit agreement originally dated January 16, 2004, as amended and restated from time to time among UPC Broadband Holding B.V., the guarantors as defined therein, the Facility Agent and the Security Agent and the bank and financial institutions acceding thereto from time to time. |
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.
Date: August 2, 2011
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LIBERTY GLOBAL, INC. | |
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By: |
/s/ Randy L. Lazzell |
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Name: |
Randy L. Lazzell |
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Title: |
Vice President |
Exhibit Index
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Exhibit No. |
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Name |
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4.1 |
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Additional Facility AA2 Accession Agreement, dated August 2, 2011, among UPC Financing Partnership as Borrower, UPC Broadband Holding B.V., The Bank of Nova Scotia as Facility Agent and Security Agent, and UPC Broadband Operations B.V. as an Additional Facility AA2 Lender, under the senior secured credit agreement originally dated January 16, 2004, as amended and restated from time to time among UPC Broadband Holding B.V., the guarantors as defined therein, the Facility Agent and the Security Agent and the bank and financial institutions acceding thereto from time to time. |