UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
Washington,
D.C. 20549
FORM
8-K
Pursuant
to Section 13 OR 15(d) of The Securities Exchange Act of
1934
|
Date
of Report (Date of earliest event reported)
|
January
26, 2005 |
| |
|
THE
STEAK n SHAKE COMPANY |
|
(Exact
name of registrant as specified in its charter) |
| |
|
Indiana |
000-08445 |
37-0684070 |
|
(State
or other jurisdiction |
(Commission |
(IRS
Employer |
|
of
incorporation) |
File
Number) |
Identification
No.) |
| |
|
|
|
36
South Pennsylvania Street, Suite 500
Indianapolis,
Indiana 46204 |
|
(Address
of principal executive offices) (Zip
Code) |
| |
|
|
|
Registrant’s
telephone number, including area code
|
(317)
633-4100 |
| |
|
|
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 January
30, 2005, The Steak n Shake Company (the "Company" or the "Registrant") amended
its existing credit agreement. The amended agreement allows the Company to
borrow, on a revolving basis, up to $50,000,000, an increase of $20,000,000 in
available funding. The amended credit agreement, which was effective on January
30, 2005, will mature on January 30, 2008.
The amended
credit agreement bears interest at a rate based on LIBOR plus 55 basis points or
the lender's prime rate minus 100 basis points, at the election of the
Company.
The amended
facility also contains a financial covenant ratio of funded debt to EBITDA, as
did the prior agreement.
ITEM
2.03 CREATION
OF A DIRECT FINANCIAL OBLIGATION OR AN OBLIGATION UNDER
AN OFF-BALANCE SHEET ARRANGEMENT OF A
REGISTRANT
See
discussion under Item 1.01, which is incorporated under this Item 2.03 by
reference.
ITEM
9.01 FINANCIAL
STATEMENTS AND EXHIBITS
(c)
Exhibits
10.1 Fourth
Amendment to Credit Agreement by and between The Steak n Shake Company
and Fifth Third Bank,
Indiana (Central), dated January 26, 2005.
10.2 Fifth
Amendment to Credit Agreement by and between The Steak n Shake Company
and Fifth Third Bank,
Indiana (Central), dated January 30, 2005.
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 hereunto
duly authorized.
Dated:
February 1, 2005
THE
STEAK n SHAKE COMPANY
By:
/s/
Jeffrey A. Blade
Jeffrey
A. Blade, Senior Vice President and
Chief
Financial Officer