UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 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): September 28, 2007
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O'REILLY AUTOMOTIVE, INC. | |
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(Exact name of registrant as specified in its charter) | |
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Missouri |
44-0618012 |
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(State or other jurisdiction of incorporation or organization) |
(I.R.S. Employer Identification No.) |
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233 South Patterson | |
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Springfield, Missouri 65802 | |
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(Address of principal executive offices, Zip code) | |
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(417) 862-6708 | |
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(Registrant's telephone number, including area code) | |
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(Not Applicable) | |
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(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 Instruction A.2):
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o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
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o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
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o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) | |||
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o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) |
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Section 2 – Financial Information
Item 2.03 Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant.
On September 28, 2007, O’Reilly Automotive, Inc. (the “Company”) entered into a Second Amended and Restated Master Agreement, a Second Amended and Restated Master Lease Agreement and a Second Amended and Restated Guaranty Agreement, all of which relate to its $50 million Synthetic Operating Lease Facility (the “Facility”). The Facility relates to properties leased from SunTrust Bank, together with a group of financial institutions. The Facility replaces an existing facility which was scheduled to expire on June 26, 2008. The terms of the Facility provide for a renewal lease period of seven years, a residual value guarantee of approximately $39.7 million, one additional renewal period of seven years and purchase options on the properties. The Facility also contains a provision for an event of default whereby the lessor, among other things, may require the Company to purchase any or all of the properties.
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.
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Date: October 4, 2007 |
O’REILLY AUTOMOTIVE, INC. |
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By: /s/ Thomas McFall |
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Thomas McFall |
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Senior Vice President of Finance |
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Chief Financial Officer |
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(principal financial officer) |