Liberty Global plc (NASDAQ:LBTYA) Files An 8-K Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a RegistrantItem 2.03. Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a
Registrant.
On August 10, 2017, Telenet BVBA (the “Company”), a wholly-owned subsidiary of Telenet Group Holding NV, the Bank of Nova Scotia as Senior Agent and KBC Bank NV as Security Agent, among others, entered into a supplemental deed (the “Supplemental Deed”) to amend and restate the credit agreement, originally dated August1, 2007 and made between, amongst others, the Company as original borrower and The Bank of Nova Scotia as facility agent (as amended and restated from time to time, the “Credit Agreement” and, the Credit Agreement as amended and restated by the Supplemental Deed, the “Amended Credit Agreement”).
Capitalized terms used below shall have the meanings given to them in the Amended Credit Agreement.
The Supplemental Deed amends and restates in full the Credit Agreement to, among other things:
expand the scope of the carve outs to various covenants including Permitted Acquisitions, Permitted Financial Indebtedness, Permitted Security Interests, Permitted Payments and Permitted Disposals; |
permit the refinancing of Facilities outstanding under the credit agreement subject to certain conditions and provide for the ability to increase the Commitments under each Facility; and |
delete the quarterly maintenance covenant test and replacing it with a springing maintenance covenant test for the benefit of certain designated Facilities only such that Net Total Debt to Consolidated Annualised EBITDA shall not exceed 6:1 on the last day of each quarter if the aggregate of the loans and letters of credit (other than letters of credit that are cash collateralized or undrawn) outstanding under the Revolving Facilities and the net indebtedness under each Ancillary Facility exceeds an amount equal to 33 1/3% of the aggregate of the total commitments under the Revolving Facilities and each Ancillary Facility. |
All other terms of the Credit Agreement remain in full force and effect under the Amended Credit Agreement.
The Amended Credit Agreement is attached hereto as Exhibit 4.1 and is incorporated herein by reference. The foregoing description of the Amended Credit Agreement is qualified in its entirety by reference to the full text thereof set forth in Exhibit 4.1.
Item 9.01. Financial Statements and Exhibits.
(d) Exhibits.
ExhibitNo. |
Name |
4.1 |
Amended and Restated Telenet Credit Agreement dated August 10, 2017 between, amongst others, Telenet BVBA as original borrower and The Bank of Nova Scotia as facility agent. |
Liberty Global plc ExhibitEX-4.1 2 ex41amendedtelenetcreditag.htm EXHIBIT 4.1 Exhibit Exhibit 4.1 TELENET SUPPLEMENTAL DEED (CREDIT AGREEMENT & INTERCREDITOR AGREEMENT) DATED August 10,…To view the full exhibit click here