Attached files
| file | filename |
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| EX-99.1 - EXHIBIT 99.1 PRESS RELEASE OF TEREX CORP ON 12-26-2012 - TEREX CORP | exh99-1pressrelease12x26x2.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) December 26, 2012
TEREX CORPORATION |
(Exact Name of Registrant as Specified in Charter) |
Delaware | 1-10702 | 34-1531521 |
(State or Other Jurisdiction | (Commission | (IRS Employer |
of Incorporation) | File Number) | Identification No.) |
200 Nyala Farm Road, Westport, Connecticut | 06880 |
(Address of Principal Executive Offices) | (Zip Code) |
Registrant's telephone number, including area code (203) 222-7170
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):
[ ] 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 1.02. Termination of a Material Definitive Agreement.
Pursuant to its previously announced plans, on December 26, 2012, Terex Corporation (“Terex” or the “Company”) repaid the remaining $119.9 million principal amount outstanding of its 8% Senior Subordinated Notes due 2017 (the “Notes”). The total cash paid to redeem the Notes was $125.8 million and included a call premium of 4.00% as set forth in the indenture for the Notes, plus accrued and unpaid interest of $9.111 per $1,000 principal amount at the redemption date. HSBC Bank USA, National Association (“HSBC”), trustee under the indenture for the Notes, acted as the paying agent for the Company in connection with this redemption. The Company utilized cash on hand, including proceeds from its issuance in November 2012 of its 6% Senior Notes due 2021 for the redemption of the Notes. As previously disclosed, on November 26, 2012 approximately $680 million in aggregate principal amount of the Notes were validly tendered and accepted for purchase by the Company.
As a result of the redemption, the related supplemental indenture dated as of November 13, 2007 by and among Terex, the subsidiary guarantors named therein and HSBC as trustee, terminated automatically as of December 26, 2012.
HSBC may, from time to time, be a party to other agreements with the Company and its subsidiaries, including the provision of commercial banking, investment banking, trustee and/or other financial services in the ordinary course of business of the Company and its subsidiaries.
Terex issued a press release on December 26, 2012, announcing that it has completed the foregoing redemption of the Notes. A copy of this press release is included as Exhibit 99.1 to this Form 8-K and is incorporated herein by reference.
Item 9.01. Financial Statements and Exhibits.
(d) | Exhibits |
99.1 Press release of Terex Corporation issued on December 26, 2012.
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.
Date: December 26, 2012
TEREX CORPORATION | ||
By: /s/ Phillip C. Widman | ||
Phillip C. Widman Senior Vice President and Chief Financial Officer | ||
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