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): October 21, 2004
NEW CENTURY TRS HOLDINGS, INC.
(Exact Name of Registrant as Specified in Charter)
| Delaware | 000-22633 | 33-0683629 | ||
| (State or Other Jurisdiction of Incorporation) |
(Commission File Number) | (IRS Employer Identification No.) |
| 18400 Von Karman Avenue, Suite 1000, Irvine, California | 92612 | |
| (Address of Principal Executive Offices) | (Zip Code) |
Registrant’s telephone number, including area code: (949) 440-7030
Former name or former address, if changed since last report: N/A
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)) |
SECTION 1 – REGISTRANT’S BUSINESS AND OPERATIONS
Item 1.02 Termination of a Material Definitive Agreement
On October 21, 2004, New Century Financial Corporation (“NCFC”), the parent of New Century TRS Holdings, Inc. (“NCTRS”), entered into a Guaranty of New Century Financial Corporation (the “NCFC Guaranty”) in favor of Citibank, N.A. The purpose of the NCFC Guaranty was to replace the guaranty entered into by NCTRS, dated September 5, 2003, in favor of Citibank, N.A., for the purpose of guarantying the obligations of NC Capital Corporation, an indirect wholly-owned subsidiary of NCTRS (“NCCC”), under the Master Agreement (the “Master Agreement”), dated as of September 5, 2003, between NCCC and Citibank, N.A. In connection with the execution of the NCFC Guaranty, the obligations of NCTRS as a guarantor under the Master Agreement were terminated. The NCFC Guaranty is filed as Exhibit 10.1 to this Current Report and is incorporated herein by reference
SECTION 9 – FINANCIAL STATEMENTS AND EXHIBITS
Item 9.01 Financial Statements and Exhibits
| (c) | Exhibits. |
| Exhibit No. |
Description of Exhibit | |
| 10.1 | Guaranty of New Century Financial Corporation, dated as of October 21, 2004, by New Century Financial Corporation in favor of Citibank, N.A. |
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.
| NEW CENTURY TRS HOLDINGS, INC. | ||||
| October 26, 2004 |
By: |
/s/ Robert K. Cole | ||
| Robert K. Cole | ||||
| Chairman and Chief Executive Officer | ||||
EXHIBIT INDEX
| Exhibit No. |
Description of Exhibit | |
| 10.1 | Guaranty of New Century Financial Corporation, dated as of October 21, 2004, by New Century Financial Corporation in favor of Citibank, N.A. |