SECURITIES AND EXCHANGE COMMISSION
Washington, DC 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 23, 2005 (November 17, 2005)
Dean Foods Company
(Exact name of registrant as specified in its charter)
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Delaware
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1-12755
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75-2559681 |
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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.) |
2515 McKinney Avenue, Suite 1200
Dallas, Texas 75201
(Address of principal executive offices) (Zip code)
Registrants telephone number, including area code:
(214) 303-3400
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 (see General
Instruction A.2. below):
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 November 17, 2005, our subsidiaries that are party to our receivables-backed facility entered
into an amendment to the facility, pursuant to which the facility termination date was extended to
November 16, 2008. The amendment also modified the definitions of concentration limit and dilution
reserve, which we expect to slightly increase our borrowing capacity under the facility. The
amendment is Amendment No. 8 to our Fourth Amended and Restated Receivables Purchase Agreement, and
is by and among (1) Dairy Group Receivables, L.P., Dairy Group Receivables II, L.P., and Dean
National Brand Group, L.P., all of which are our subsidiaries, (2) the financial institutions that
are party to our Receivables Purchase Agreement, (3) JPMorgan Chase Bank, National Association, as
agent, and (4) us, as provider of certain performance undertakings on behalf of our subsidiaries.
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