TUTOR PERINI CORP — Capital/Financing Update 2010

Jan 20, 2010

8-K 1 form8k-jan2010.htm FORM 8K - JAN 13, 2010 2ND AMENDT - CREDIT AGT form8k-jan2010.htm Licensed to: bacon2010 Document Created using EDGARizer 5.1.4.0 Copyright 1995 - 2009 Thomson Reuters. All rights reserved.

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): January 13, 2010

Tutor Perini Corporation

(Exact name of registrant as specified in its charter)

---

Massachusetts (State or other jurisdiction of incorporation or organization) 1-6314 (Commission file number) 04-1717070 (I.R.S. Employer Identification No.)

15901 Olden Street, Sylmar, California 91342-1093

(Address of principal executive offices) (Zip code)

Registrant’s telephone number, including area code: (818) 362-8391

None

(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))

Item 1.01. Entry into a Material Definitive Agreement.

On January 13, 2010, Tutor Perini Corporation (the “Company”) entered into a Second Amendment (the “Amendment”) to the Company’s Third Amended and Restated Credit Agreement dated September 8, 2008, as amended by a First Amendment dated February 23, 2009 (collectively, the “Existing Agreement”).

The Amendment increases the Company’s borrowing capacity by $50 million over the Existing Agreement, allowing the Company to borrow up to $205 million on a revolving basis. The Amendment maintains the Company’s ability to increase the base facility, under certain circumstances, by up to an additional $45 million and provides favorable modifications to certain financial and other covenants in place under the Existing Agreement. Amounts outstanding under the Amendment bear interest at rates determined by the Consolidated Leverage Ratio and are defined in the Amendment. There has been no change to the Company’s supplementary credit facility as a result of the Amendment.

The forgoing description of the Amendment does not purport to be complete and is qualified in its entirety by reference to the full text of the Amendment, which is filed with this Current Report on Form 8-K as Exhibit 10.1 and is incorporated herein by reference.

Item 9.01. Financial Statements and Exhibits.

| (d) |
| --- |
| 10.1 The
Second Amendment to the Third Amended and Restated Credit Agreement dated
January 13, 2010 |

SIGNATURE

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

| Dated: January
20, 2010 |
| --- |
| Kenneth
R. Burk Executive
Vice President and Chief Financial
Officer |