UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
FORM 8-K
CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934
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Date of Report (Date of earliest event reported) February 3, 2010
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APARTMENT INVESTMENT AND MANAGEMENT COMPANY
(Exact name of registrant as specified in its charter)
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| MARYLAND
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1-13232
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84-1259577 |
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(State or other jurisdiction
of incorporation or
organization)
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(Commission
File Number)
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(I.R.S. Employer
Identification No.) |
(Exact name of registrant as specified in its charter)
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| DELAWARE
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0-24497
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84-1275621 |
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(State or other jurisdiction
of incorporation or
organization)
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(Commission
File Number)
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(I.R.S. Employer
Identification No.) |
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4582 SOUTH ULSTER STREET PARKWAY
SUITE 1100, DENVER, CO 80237
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(Address of principal executive offices) (Zip Code)
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Registrant’s telephone number, including area code (303) 757-8101
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NOT APPLICABLE
(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:
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))
ITEM 1.01. Entry Into a Material Definitive Agreement.
On February 3, 2010, Apartment Investment and Management Company, a Maryland corporation
(“Aimco”), AIMCO Properties, L.P., a Delaware limited partnership (“Aimco OP”), and AIMCO/Bethesda
Holdings, Inc., a Delaware corporation (“AIMCO/Bethesda”) (collectively with Aimco and Aimco OP,
the “Borrowers”) entered into the Eighth Amendment to the Amended and Restated Senior Secured
Credit Agreement, dated as of February 3, 2010 (the “Eighth Amendment”), among the Borrowers, the
pledgors and guarantors named therein and the lenders party thereto. The Eighth Amendment modifies
that certain Amended and Restated Senior Secured Credit Agreement dated as of November 2, 2004 (as
amended, the “Credit Agreement”), among the Borrowers, Bank of America, N.A., as administrative
agent, and the lenders party thereto.
The Eighth Amendment modifies (i) certain financial covenants with such modifications
effective until (a) the Existing Revolving Commitment Termination Date of May 1, 2011, (b) October
1, 2011 if the Revolving Commitment Termination Date is extended to May 1, 2012 in accordance with
the terms of the Credit Agreement, or (c) May 1, 2012 if the Required Lenders elect to increase the
Applicable Capitalization Rate in connection with such extension of the Revolving Commitment
Termination Date, and (ii) the unused fee payable in respect of the usage of the Revolving
Commitments.
A copy of the Eighth Amendment is filed as Exhibit 10.1 to this report and is incorporated
herein by reference.
ITEM 9.01. Financial Statements and Exhibits.
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The following exhibits are filed with this report: |
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| Exhibit Number |
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Description |
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10.1 |
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Eighth Amendment to Senior Secured Credit Agreement, dated
as of February 3, 2010, by and among Apartment Investment
and Management Company, AIMCO Properties, L.P., and
AIMCO/Bethesda Holdings, Inc., as the Borrowers, the
pledgors and guarantors named therein and the lenders party
thereto. |
SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the
registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly
authorized.
Dated: February 5, 2010
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APARTMENT INVESTMENT AND MANAGEMENT COMPANY
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/s/ Ernest M. Freedman
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Ernest M. Freedman |
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Executive Vice President and Chief Financial Officer |
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SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the
registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly
authorized.
Dated: February 5, 2010
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AIMCO PROPERTIES, L.P. |
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By:
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AIMCO-GP, Inc., |
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its General Partner |
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/s/ Ernest M. Freedman |
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Ernest M. Freedman |
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Executive Vice President and Chief |
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Financial Officer |
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