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): April 14, 2009
Motorcar Parts of America, Inc.
(Exact name of registrant as specified in its charter)
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| New York
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001-33861
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11-2153962 |
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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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| 2929 California Street, Torrance CA
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90503 |
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| (Address of principal executive offices)
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(Zip Code) |
Registrant’s telephone number, including area code: (310) 212-7910
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))
TABLE OF CONTENTS
Item 1.01. Entry into a Material Definitive Agreement.
On
April 14, 2009, Motorcar Parts of America, Inc. (the “Registrant”) entered into a Fifth
Amendment, dated as of April 6, 2009, to its Amended and Restated Credit Agreement (as amended to
date, the “Credit Agreement”) with Union Bank, N.A., formerly known as Union Bank of California,
N.A. (the “Bank”). The Fifth Amendment provides, among
other things, that the Registrant may use usance (deferred
payment) letters of credit issued by the Bank on behalf of the
Registrant and that such
commercial letters of credit issued by the Bank on behalf of the
Registrant shall not have expiration
dates more than 180 days after the dates of issuance nor expire more than 180 days after the Revolving
Credit Commitment Termination Date (as defined in the Credit Agreement). The Fifth Amendment also
provides that in the event that the Registrant enters into any agreement for the purchase of the
Registrant’s accounts receivable, the Registrant shall, as has been its practice, instruct the
purchaser of its accounts receivable to remit any payment for such accounts receivables directly to
the Registrant’s account at the Bank.
A copy of the Fifth Amendment is attached hereto as Exhibit 10.1 and incorporated herein by
reference.
Item 9.01. Financial Statements and Exhibits.
(d) Exhibits
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10.1 |
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Fifth Amendment to Amended and Restated Credit Agreement, dated as of
April 6, 2009, between Motorcar Parts of America, Inc. and Union
Bank, N.A. (formerly known as Union Bank of California, N.A.) |