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): December 3, 2008
BERRY PETROLEUM
COMPANY
(Exact
Name of Registrant as Specified in its Charter)
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DELAWARE
(State
or Other Jurisdiction of
Incorporation
or Organization)
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1-9735
(Commission
File Number)
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77-0079387
(IRS
Employer
Identification
Number)
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1999 Broadway, Suite 3700
- Denver, CO
(Address
of Principal Executive Offices)
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80202
(Zip
Code)
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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
December 3, 2008, Berry Petroleum Company (the “Company”) entered
into a Joinder Agreement (the “Joinder Agreement”) with Wells Fargo Bank, N.A.
and Calyon New York Branch (“Calyon”). The Joinder Agreement adds
Calyon 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, Calyon
agreed to provide a $75 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 two banks currently participating in the
Credit Agreement to increase commitments by an additional $12 million, bringing
total new commitments to $87 million.
Including
the Calyon commitment set forth in Item 1.01 of this Form 8-K and the $12
million set forth above, the bank commitments under the Credit Agreement now
total $1.21 billion.
Item
9.01 Financial Statements and Exhibits
(d) Exhibits
10.1
Joinder Agreement dated December 2, 2008 by and among Berry Petroleum Company,
Wells Fargo Bank, N.A., and Calyon New York Branch.
99.1
Press Release dated December 3, 2008, titled “Berry Petroleum Increases Bank
Commitments to $1.21 Billion.”
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.
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BERRY PETROLEUM
COMPANY
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By:
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/s/ Kenneth A.
Olson
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Kenneth
A. Olson
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Corporate
Secretary
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Date: December 3,
2008
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