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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: December 12, 2006
(Date of earliest event reported)
KB HOME
(Exact name of registrant as specified in charter)
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Delaware
(State or other jurisdiction of
incorporation)
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1-9195
(Commission File Number)
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95-3666267
(IRS Employer Identification No.) |
10990 Wilshire Boulevard, Los Angeles, California 90024
(Address of principal executive offices) (Zip Code)
Registrants telephone number, including area code: (310) 231-4000
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:
o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
o 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 |
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Entry Into a Material Definitive Agreement |
On December 12, 2006, KB Home entered into the second amendment (the Revolver Amendment) to
the Revolving Loan Agreement dated as of November 22, 2005 among KB Home, the lenders party
thereto, and Bank of America, N.A., as Administrative Agent, as amended (the Revolving Loan
Agreement). Also on December 12, 2006, KB Home entered into the second amendment (the Term Loan
Amendment) to the Term Loan Agreement dated as of April 12, 2006, among KB Home, the lenders party
thereto, and Citicorp North America, Inc., as Administrative Agent, as amended (the Term Loan
Agreement). The Revolver Amendment and the Term Loan Amendment each further extend the time
period for delivering KB Homes financial statements for the fiscal quarter ended August 31, 2006
as required by Section 7.1(a) of each of the Revolving Loan Agreement and the Term Loan Agreement.
Certain of the lenders under the Term Loan Agreement are also lenders under the Revolving Loan
Agreement. U.S. Bank National Association, a lender under each of the Term Loan Agreement and the
Revolving Loan Agreement, is the successor trustee to SunTrust Bank with respect to KB Homes
outstanding Senior Subordinated Notes and Senior Notes.
The above description is a summary and is qualified in its entirety by the terms of the Revolver
Amendment, which is filed as Exhibit 10.33 to this report, and the Term Loan Amendment, which is
filed as Exhibit 10.34 to this report.
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Item 2.03 |
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Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet
Arrangement of a Registrant |
The information set forth above under Item 1.01 is hereby incorporated by reference into this Item 2.03.
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Item 9.01 |
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Financial Statements and Exhibits |
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10.33 |
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Second Amendment Agreement to the Revolving Loan Agreement dated as of November 22,
2005 among KB Home, the lenders party thereto, and Bank of America, N.A., as Administrative
Agent. |
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10.34 |
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Second Amendment Agreement to the Term Loan Agreement dated as of April 12, 2006,
among KB Home, the lenders party thereto, and Citicorp North America, Inc., as
Administrative Agent. |
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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 hereunto duly authorized.
Date: December 15, 2006
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KB Home
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By: |
/s/ DOMENICO CECERE
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Domenico Cecere |
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Executive Vice President and
Chief Financial Officer |
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3
EXHIBIT INDEX
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Exhibit No. |
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Description |
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10.33
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Second Amendment Agreement to the Revolving Loan Agreement dated as of
November 22, 2005 among KB Home, the lenders party thereto, and Bank of America, N.A., as
Administrative Agent. |
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10.34
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Second Amendment Agreement to the Term Loan Agreement dated as of April 12,
2006, among KB Home, the lenders party thereto, and Citicorp North America, Inc., as
Administrative Agent. |