Form 8-K Manitex International, For: Sep 28

 

 

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, DC 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): September 28, 2015

 

 

MANITEX INTERNATIONAL, INC.

(Exact Name of Registrant as Specified in Charter)

 

 

 

Michigan		001-32401		42-1628978
(State or Other Jurisdiction of Incorporation )		(Commission File Number)		(IRS Employer Identification No.)

9725 Industrial Drive, Bridgeview, Illinois 60455

(Address of Principal Executive Offices) (Zip Code)

(708) 430-7500

(Registrant’s Telephone Number, Including Area Code)

 

(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))

 

 

 

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Item 1.01

Entry into a Material Definitive Agreement.

Company and Comerica Bank Amend Note to Extend the Maturity Date.

Manitex Liftking, ULC (“Liftking”), a subsidiary of Manitex International, Inc. (“Manitex”) currently has a $3,000,000 Specialized Equipment Export Facility. On September 28, 2015, Amendment No. 2 to the Amended and Restated Specialized Equipment Export Facility Master Revolving Note dated November 13, 2013 (“Amendment No. 2”) was executed. Amendment No. 2 extends the Maturity Date to July 1, 2016.

 

Item 2.03.

Creation of a Direct Financial Obligation or an Obligation under an Off- Balance Sheet Arrangement of a Registrant.

The information included in Item 1.01 of this Current Report on Form 8-K is incorporated by reference into this Item 2.03.

 

Item 9.01.

Financial Statements and Exhibits.

(a) Financial Statements of Businesses Acquired.

Not applicable.

(b) Pro Forma Financial Information.

Not applicable.

(c) Shell Company Transactions.

Not applicable.

(d) Exhibits.

See the Exhibit Index set forth below for a list of exhibits included with this Current Report on Form 8-K.

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SIGNATURE

Pursuant to the requirements of the Securities Exchange Act of 1934, the Company has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 

Date: October 1, 2015

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EXHIBIT INDEX

 

Exhibit Number		Description
10.1		Amendment No. 2 to the Amended and Restated Specialized Equipment Export Facility Master Revolving Note dated November 13, 2013

Exhibit 10.1

AMENDMENT NO. 2 TO NOTE

This Amendment No. 2 to Second Amended and Restated Specialized Equipment Export Facility Master Revolving Note (“Amendment”), is made, delivered, and effective as of September 28, 2015 (the “Effective Date”) by and between MANITEX LIFTKING, ULC, an Alberta corporation (“Borrower”) and Comerica Bank, a Texas banking association and authorized foreign bank under the Bank Act (Canada) (“Bank”) in order to amend the US$3,000,000 Second Amended and Restated Specialized Equipment Export Facility Master Revolving Note (Multi-Currency) dated November 13, 2013, made by Borrower to Bank as amended (as amended, the “Note”).

For valuable consideration, Borrower and Bank agree as follows:

1. The Note is amended as follows:

(a) The definition of “Maturity Date” is hereby amended and restated in its entirety as follows:

““Maturity Date” means the day which is July 1, 2016.”

2. This Amendment is not an agreement to any further or other amendment of the Note. Borrower expressly acknowledges and agrees that except as expressly amended in this Amendment, the Note, as amended, remains in full force and effect and is ratified and confirmed. The execution of this Amendment shall not be deemed to be a waiver of any Default.

3. All the terms used in this Amendment which are defined in the Note shall have the same meaning as used in the Note, unless otherwise defined in this Amendment.

4. Borrower waives, discharges, and forever releases Bank, Bank’s employees, officers, directors, attorneys, stockholders, and their successors and assigns, from and of any and all claims, causes of action, allegations or assertions that Borrower has or may have had at any time up through and including the date of this Amendment, against any or all of the foregoing, regardless of whether any such claims, causes of action, allegations or assertions are known to Borrower or whether any such claims, causes of action, allegations or assertions arose as result of Bank’s actions or omissions in connection with the Note, or any amendments, extensions or modifications thereto, or Bank’s administration of the debt governed by the Note or otherwise,

5. Borrower is responsible for all costs incurred by Bank, including without limit reasonable attorney fees, with regard to the preparation and execution of this Amendment.

[Signature Page Follows]

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This Amendment No. 2 to Second Amended and Restated Specialized Equipment Export Facility Master Revolving Note is effective as of the Effective Date.

 

COMERICA BANK						MANITEX LIFTKING, ULC
By:						By:
Name:		PRASHANT PRAKASH				Name:		A. M. Rooke
Its:		PORTFOLIO RISK MANAGER				Its:		President & COO

 

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