form8-k.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): November 13, 2008
 
BERRY PETROLEUM COMPANY 
 
(Exact Name of Registrant as Specified in its Charter)
 
 
 
 
 
DELAWARE
(State or Other Jurisdiction of
Incorporation or Organization)
 
1-9735
(Commission File Number)
 
77-0079387
(IRS Employer
Identification Number)

 
 
 
1999 Broadway, Suite 3700 -  Denver, CO 80202
(Address of Principal Executive Offices)
 
93309
(Zip Code)
 
Registrant’s telephone number, including area code: (303) 999-4400 
 
 
      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))
  
 



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Item 1.01 Entry into a Material Definitive Agreement

On November 13, 2008, Berry Petroleum Company  (the “Company”) entered into a Joinder Agreement (the “Joinder Agreement”) with Wells Fargo Bank, N.A. and Bank of Montreal. The Joinder Agreement adds the Bank of Montreal as an additional Lender under the Company’s Amended and Restated Credit Agreement dated as of July 15, 2008, (the “Credit Agreement”).  Pursuant to the terms of the Joinder Agreement, the Bank of Montreal agreed to provide a $35 million commitment under the Credit Agreement.
 
The Joinder Agreement contains usual and customary conditions, representations, and warranties.  A copy of the Joinder Agreement has been attached to this report as Exhibit 10.1 and is incorporated herein by reference.

Item 7.01  Regulation FD Disclosure

In addition to the information provided under Item 1.01 of this Form 8-K, the Company entered into agreements with three banks currently participating in the Credit Agreement to increase commitments by an additional $8 million, bringing total new commitments to $43 million.
 
Including the Bank of Montreal commitment set forth in Item 1.01 of this Form 8-K and the $8 million set forth above, the bank commitments under the Credit Agreement now total $1.123 billion.



Item 9.01 Financial Statements and Exhibits

(d)           Exhibits
 
   10.1 Joinder Agreement dated November 13, 2008 by and among Berry Petroleum Company, Wells Fargo Bank, N.A., and Bank of Montreal.

 
 
 
SIGNATURES 
 
 
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 hereto duly authorized.
 
 
 
 
 
 
 
BERRY PETROLEUM COMPANY
 
 
 
By:  
/s/ Kenneth A. Olson
 
 
 
Kenneth A. Olson
 
 
 
Corporate Secretary
 
 
 
Date: November 17, 2008
 
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