Attached files
| file | filename |
|---|---|
| EX-10.1 - SECOND AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT - FS Energy & Power Fund | ex10-1.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): June 10, 2016 |
FS Energy and Power Fund
(Exact name of Registrant as specified in its charter)
|
Delaware (State or other jurisdiction of incorporation) |
814-00841 (Commission File Number) |
27-6822130 (I.R.S. Employer Identification No.) |
|
201 Rouse Boulevard Philadelphia, Pennsylvania (Address of principal executive offices) |
19112 (Zip Code) |
| Registrant’s telephone number, including area code: (215) 495-1150 |
None
(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:
| ☐ | 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 1.01. | Entry into a Material Definitive Agreement. |
On June 10, 2016, FSEP Term Funding, LLC (“FSEP SPV”), a wholly-owned, special purpose financing subsidiary of FS Energy and Power Fund (the “Company”), entered into the Second Amendment to Amended and Restated Credit Agreement (the “Second Amendment”), amending the Amended and Restated Credit Agreement originally entered into as of June 11, 2014 (as amended, restated or supplemented to date, the “Credit Agreement”), among FSEP SPV, the lenders from time to time party thereto and Deutsche Bank AG, New York Branch, as administrative agent.
The Second Amendment provides for, among other things, (a) the extension of the scheduled maturity date from June 11, 2016 to June 11, 2017, (b) a reduction of $25,000,000 in the maximum borrowable amount under the facility to $315,000,000, (c) a 25 basis point increase in the interest rate on borrowings under the facility to the London Interbank Offered Rate (“LIBOR”) for an interest period closest to the weighted average LIBOR interest period of eligible securities owned by FSEP SPV, plus 2.05% per annum and (d) a modification of certain of the terms regarding extensions of credit under the facility. No other material terms of the Credit Agreement changed in connection with the Second Amendment.
FSEP SPV incurred certain customary costs and expenses in connection with the closing of the Second Amendment.
The foregoing description of the Second Amendment as set forth in this Item 1.01 is a summary only and is qualified in all respects by the provisions of the Second Amendment, a copy of which is attached hereto as Exhibit 10.1 and is incorporated by reference herein.
| Item 9.01. | Financial Statements and Exhibits. |
(d) Exhibits.
| EXHIBIT NUMBER |
DESCRIPTION | |
| 10.1 | Second Amendment to Amended and Restated Credit Agreement, dated as of June 10, 2016, by and among FSEP Term Funding, LLC, as borrower, Deutsche Bank AG, New York Branch, as administrative agent and a lender, and the other lenders party thereto. |
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.
| FS Energy and Power Fund | ||
| Date: June 16, 2016 | By: | /s/ Stephen S. Sypherd |
| Stephen S. Sypherd | ||
| Vice President | ||
EXHIBIT INDEX