SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 8-K
CURRENT REPORT
PURSUANT TO SECTION 13 OR 15 (d) OF THE
SECURITIES AND EXCHANGE ACT OF 1934
Date of Report (Date of Earliest Event Reported): September 14, 2006
AMERICAN MORTGAGE ACCEPTANCE COMPANY
(Exact Name of Registrant as Specified in Charter)
Massachusetts
(State or other Jurisdiction of Incorporation)
0-23972 |
13-6972380
|
(Commission File Number) |
(IRS Employer Identification Number) |
625 Madison Avenue, New York, NY 10022
(Address of Principal Executive Offices)
Registrants telephone number, including area code: (212) 317-5700
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:
__ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
__ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
__ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
__ 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 September 14, 2006, a wholly-owned subsidiary of American Mortgage Acceptance Company (the Registrant), AMAC CDO Funding I, a Cayman Islands exempted company with limited liability (the Seller), entered into an amendment to the Master Repurchase Agreement (the Amendment), with Bank of America, N.A. (BANA) and Banc of America Securities LLC (BAS and, together with BANA, the Buyers). The Amendment was approved by the Registrant's trustees and amends the Master Repurchase Agreement, originally entered into on March 29, 2006, as previously reported. The purpose of the Master Repurchase Agreement is to facilitate the Registrants and the Sellers funding of first mortgage, bridge, mezzanine and other types of real estate loans. Also as previously reported, in connection to the Master Repurchase Agreement, the Registrant entered into a Guarantee (the Guarantee) in favor of the Buyers with respect to the obligations of the Seller under the Master Repurchase Agreement. The Master Repurchase Agreement as amended, changes the Maximum Facility Amount (as defined in the Amendment) to $350,000,000 and the Initial Termination Date (as defined in the Amendment) to the earlier of November 30, 2006 or the date upon which CDO I (as defined in the Amendment) closes. The Amendment is attached hereto as Exhibit 10.1 and is incorporated herein by reference.
Pursuant to the Amendment, the Registrant, as the pledgor, entered into a Pledge Agreement (Pledge Agreement) for the benefit of the Buyers for the general purpose of providing the Buyers a first priority security interests in the Guarantor Hedging Agreements (as defined in the Pledge Agreement) as security for the Sellers obligations under the Amendment and the Registrants obligations, as guarantor under the Guarantee, and to satisfy the Sellers obligation under the Amendment to enter into appropriate hedging agreements. The Pledge Agreement is attached hereto as Exhibit 10.2 and is incorporated herein by reference.
Item 9.01. Financial Statements and Exhibits.
a. Financial Statements
Not Applicable
b. Pro Forma Financial Information
Not Applicable
c. Exhibits
|
10.1 |
Amendment to the Master Repurchase Agreement, dated as of September 14, 2006, among AMAC CDO Funding I and Bank of America, N.A. and Banc of America Securities LLC |
|
10.2. |
Pledge Agreement, dated as of September 14, 2006, among American Mortgage Acceptance Company and Bank of America, N.A. and Banc of America Securities LLC |
SIGNATURES
Pursuant to the requirements of the Securities and Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized.
American Mortgage Acceptance Company
(Registrant)
|
By: |
/s/ Alan P. Hirmes |
|
Alan P. Hirmes |
|
Chief Financial Officer |
September 19, 2006