SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934
Date of Report (Date of earliest event reported): November 23, 2010
(Exact name of registrant as specified in its charter)
|(State or other jurisdiction
1201 Elm Street
|(Address of Principal Executive Offices)||(Zip Code)|
Registrants telephone number, including area code: (214) 854-3000
(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:
|¨||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.||Amendment of a Material Definitive Agreement.|
As previously disclosed, on September 23, 2010, Blockbuster Inc. (the Company) and certain of its domestic subsidiaries filed voluntary petitions for relief (the Bankruptcy Filing) under chapter 11 of title 11 of the United States Bankruptcy Code in the United States Bankruptcy Court for the Southern District of New York (the Bankruptcy Court) case number 10-14997.
Amendment of DIP Credit Agreement
In connection with the Bankruptcy Filing, on September 23, 2010, the Company entered into a Senior Secured, Super-Priority Debtor-in-Possession Revolving Credit Agreement (the DIP Credit Agreement) with the Companys subsidiaries signatory thereto (Subsidiary Guarantors), the lenders signatory thereto (the Lenders) and Wilmington Trust FSB, as agent (the Agent). Effective as of November 23, 2010, the Company, the Subsidiary Guarantors, the Lenders and the Agent, agreed to amend the DIP Credit Agreement to, among other things, extend the date prior to which the Company shall have filed a Conforming Plan of Reorganization (as defined therein) from November 30, 2010 to December 15, 2010.
Amendment of Plan Support Agreement
In connection with the Bankruptcy Filing, on September 23, 2010, the Company also entered into a Plan Support Agreement (the Plan Support Agreement) with the Companys subsidiaries signatory thereto (the PSA Subsidiaries) and certain beneficial owners (or advisors, nominees or investment managers for such beneficial owners) (the Consenting Noteholders) of those 11.75% Senior Secured Notes due 2014 (the Senior Secured Notes) issued by the Company. Effective as of November 23, 2010, the Company, the PSA Subsidiaries, and certain Consenting Noteholders agreed to amend the Plan Support Agreement to extend the date prior to which (i) the Company shall have filed a Plan and Disclosure Statement (each as defined therein) from 60 days following the Commencement Date (as defined therein) to December 15, 2010 and (ii) a Supermajority of Consenting Noteholders (as defined therein) shall have approved a Business Plan (as defined therein) from November 30, 2010 to December 10, 2010.
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: November 30, 2010
|Vice President, Secretary and General Counsel|