anthracite_8k.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)
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January 28, 2009 (February 3,
2008)
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Anthracite
Capital, Inc.
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(Exact
name of registrant as specified in its
charter)
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Maryland
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001-13937
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13-3978906
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(State
or other jurisdiction of incorporation)
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(Commission
File Number)
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(IRS
Employer Identification
No.)
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40
East 52nd Street, New York, New York
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10022
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(Address
of principal executive offices)
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(Zip
Code)
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Registrant’s
telephone number, including area code
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(212) 810-3333
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N/A
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(Former
name or former address, if changed since last
report)
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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 (see General Instruction A.2. below):
[
]
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Written
communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
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[
]
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Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
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[
]
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Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
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[
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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.
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On January 28, 2009, Anthracite
Capital, Inc. (the “Company”) entered into the Third Omnibus Amendment and
Agreement (the “Amendment”). The Amendment was executed by the
Company, as borrower agent and guarantor, Anthracite Capital BOFA Funding LLC,
as seller (“Seller”), AHR Capital BOFA Limited, as borrower (“Borrower”), Bank
of America, N.A. (“BANA”), as lender,
buyer and buyer agent, and Banc of America Mortgage Capital Corporation
(“BAMCC”), as buyer.
The Amendment was in respect of (i) the
Master Repurchase Agreement, dated as of July 20, 2007 and as amended or
supplemented from time to time (the “Repurchase Agreement”), among Seller, BANA,
as a buyer, BAMCC, as a buyer, and BANA, as buyer agent; (ii) the Credit
Agreement, dated as of March 17, 2006 and as amended or supplemented from
time to time (the “Credit Agreement”), among the Company, as borrower agent,
Borrower, each of the borrowers from time to time party thereto and BANA, as
lender; (iii) the Amended and Restated Fee Letter, dated as of August 7, 2008
and as amended or supplemented from time to time, between BANA, as lender, and
the Company, as borrower agent; (iv) the Amended and Restated Guaranty, dated as
of August 7, 2008, made by the Company, as guarantor, in favor of BANA, as buyer
agent, for the benefit of the buyers; and (v) the Amended and Restated Parent
Guaranty, dated as of August 7, 2008, made by the Company, as guarantor, in
favor of BANA, as lender.
The Amendment prohibits new
transactions under the Repurchase Agreement and new borrowings under the Credit
Agreement. In addition, the Amendment eliminates the facility’s
unused availability fee.
Bank of America, N.A. and its
affiliates have from time to time provided other financial services to the
Company, BlackRock Financial Management, Inc., the manager of the Company, and
their respective affiliates, for which they received customary
compensation.
The above summary is not complete and
is qualified in its entirety by reference to the full text of the Agreement, a
copy of which is attached to this Current Report on Form 8 K as
Exhibit 10.1 and incorporated herein by reference.
Item
9.01.
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Financial
Statements and Exhibits.
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(d)
Exhibits.
Exhibit
Number
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Description
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10.1
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Third
Omnibus Amendment and Agreement, dated as of January 28, 2009, among
Anthracite Capital, Inc., Anthracite Capital BOFA Funding LLC, AHR Capital
BOFA Limited, Bank of America, N.A. and Banc of America Mortgage Capital
Corporation
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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.
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ANTHRACITE
CAPITAL, INC.
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By:
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/s/
Richard Shea
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Name:
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Richard
Shea
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Title:
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President
and Chief Operating Officer
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Dated:
February 3, 2009
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