Form 8-K

 

 

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) May 15, 2009

 

 

YRC Worldwide Inc.

(Exact name of registrant as specified in its charter)

 

 

 

Delaware   0-12255   48-0948788

(State or other jurisdiction

of incorporation)

   (Commission File Number)   (IRS Employer
Identification No.)

10990 Roe Avenue, Overland Park, Kansas 66211

(Address of principal executive offices) (Zip Code)

Registrant’s telephone number, including area code (913) 696-6100

 

 

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 May 15, 2009, YRC Worldwide Inc. (the “Company”) finalized an amendment to its Credit Agreement, dated as of August 17, 2007, among the Company, certain of its subsidiaries, JPMorgan Chase Bank, National Association, as agent, and the other lenders that are parties thereto (the “Credit Agreement”) and its asset-backed securitization facility (the “ABS Facility”) that eliminated the Consolidated EBITDA (as defined in the Credit Agreement) covenant for the second quarter of 2009. A copy of the news release announcing the amendments is attached hereto as Exhibit 99.1.

In connection with the Credit Agreement and ABS Facility amendments, the Company paid fees to the consenting bank parties equal to approximately $3.9 million in the aggregate.

 

Item 9.01. Financial Statements and Exhibits.

(d) Exhibits

 

  99.1 News Release dated May 15, 2009

 

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SIGNATURE

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 thereunto duly authorized.

 

 

    YRC WORLDWIDE INC.
  Date: May 15, 2009     By:   /s/ Daniel J. Churay
       

Daniel J. Churay

Executive Vice President, General Counsel and Secretary

 

 

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EXHIBIT INDEX

 

Exhibit

Number

   

Description

99.1    News Release dated May 15, 2009

 

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