CURRENT REPORT
PURSUANT TO SECTION 13
OR 15(d) OF THE
SECURITIES EXCHANGE ACT
OF 1934
Date of report (Date of earliest event reported): January 12, 2009
Coeur dAlene Mines Corporation |
(Exact name of registrant as specified in its charter) |
IDAHO
(State or other
jurisdiction of incorporation or organization)
1-8641
(Commission File Number)
82-0109423
(IRS Employer Identification No.)
505 Front Ave., P.O. Box I
Coeur
dAlene, Idaho, 83816
(Address of Principal Executive Offices)
(208) 667-3511
(Registrants
telephone number, including area code)
N/A
(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 (see General Instructions A.2 below):
[ ] | 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)) |
On January 12, 2009, Coeur dAlene Mines Corporation (the Company) entered into an Agreement and Consent (the Exercise Agreement) with JMB Capital Partners Master Fund, L.P. (JMB) and Lonestar Partners LP (Lonestar and, with JMB, the Holders). As of the date of the Exercise Agreement, the Holders collectively held all of the Companys outstanding Senior Secured Floating Rate Convertible Notes due 2012 (the Notes) and all of the Companys outstanding warrants (the Warrants) for the purchase of up to $25,000,000 aggregate principal amount of the Notes.
Pursuant to the Exercise Agreement, the Warrants will be exercisable beginning January 13, 2009 and the Holders agree to exercise the Warrants between such date and January 29, 2009. The Exercise Agreement also allows the Holders to exercise the Warrants regardless of whether they have held or currently hold an open short position in the Companys common stock.
The Company and the Holders also agreed to amend the Notes and execute an amendment (the Amendment) to the First Supplemental Indenture and Security Agreement, dated October 20, 2008, among the Company, Coeur Rochester, Inc., as grantor, and The Bank of New York Mellon, as trustee and collateral agent, pursuant to which the interest rate on the Notes will remain fixed at its current rate of 12.0% until July 15, 2009.
Copies of the Exercise Agreement and the Amendment are filed as Exhibits 4.1 and 4.2, respectively, to this Current Report on Form 8-K and are incorporated into this Item 1.01 by reference.
(d) | Exhibits: |
Exhibit Number | Description of Exhibit |
4.1 | Agreement and Consent, dated as of January 12, 2009, by and among the Company, JMB Capital Partners Master Fund, L.P. and Lonestar Partners LP. |
4.2 | Amendment No. 2, dated as of January 12, 2009, between the Company and The Bank of New York Mellon, as trustee, to the First Supplemental Indenture and Security Agreement, dated as of October 20, 2008, among the Company, Coeur Rochester, Inc., as grantor, and The Bank of New York Mellon, as trustee and collateral agent. |
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SIGNATURE
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 hereunto duly authorized.
Coeur dAlene Mines Corporation | |
Date: January 12, 2009 |
By: /s/ Mitchell J. Krebs |
Name: Mitchell J. Krebs | |
Title: Chief Financial Officer |
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Exhibit Number | Description of Exhibit |
4.1 | Agreement and Consent, dated as of January 12, 2009, by and among the Company, JMB Capital Partners Master Fund, L.P. and Lonestar Partners LP. |
4.2 | Amendment No. 2, dated as of January 12, 2009, between the Company and The Bank of New York Mellon, as trustee, to the First Supplemental Indenture and Security Agreement, dated as of October 20, 2008, among the Company, Coeur Rochester, Inc., as grantor, and The Bank of New York Mellon, as trustee and collateral agent. |
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