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UNITED STATES
SECURITIES AND EXCHANGE
COMMISSION
Washington,
D.C. 20549
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FORM 8-K/A
AMENDMENT NO. 1
TO
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Current Report
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Pursuant to Section 13 or 15(d) of
the Securities Exchange Act of 1934
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Date of Report: January 26,
2009
Date of earliest event
reported: September 18,
2008
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CATERPILLAR
INC.
(Exact name of registrant as
specified in its charter)
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Delaware
(State or other jurisdiction of
incorporation)
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1-768
(Commission File
Number)
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37-0602744
(IRS Employer Identification
No.)
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100 NE Adams Street, Peoria,
Illinois
(Address of principal executive
offices)
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61629
(Zip
Code)
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Registrant's telephone number,
including area code: (309)
675-1000
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Former name or former address, if
changed since last report: N/A
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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:
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o
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Written communications
pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
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o
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Soliciting material pursuant
to Rule 14a-12 under the Exchange Act (17 CFR
230.425)
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o
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Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
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o
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Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))
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EXPLANATORY
NOTE
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Caterpillar Inc.
(“Company”) filed a Current Report on Form 8-K (“Original Form 8-K”) with the
Securities and Exchange Commission on September 23, 2008, disclosing, among
others, a 364-Day Credit Agreement (“Facility”) under Item
1.01(a). This Amendment No. 1 is being filed to amend the disclosure
regarding the Facility under Item 1.01(a) of the Original Form 8-K to correctly
reflect the agreed total commitment of $2.2525 billion under the Facility as
against the US$2.350 billion inadvertently stated in the Original Form 8-K.
Accordingly, this Amendment No. 1 hereby amends and restates Item 1.01(a) of the
Original Form 8-K as follows:
| “Item 1.01. Entry into a Material Definitive Agreement |
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(a) Creation
of a Revolving Credit Facility
On September
18, 2008, Caterpillar Inc. entered into a Credit Agreement (the “364-Day
Facility”) among Caterpillar Inc., Caterpillar Financial Services
Corporation and Caterpillar Finance Corporation ("Borrowers"), certain
financial institutions named therein (“Banks”), Citibank, N.A. (“Agent”)
and The Bank of Tokyo-Mitsubishi UFJ, Ltd., (“Japan Local Currency Agent”)
that provides for an unsecured aggregate revolving credit facility to the
Borrowers of up to US$2.2525 billion (“Aggregate Commitment”) and expires
on September 17, 2009. Also executed on the same date as an addendum to
the 364-Day Facility, is the Japan Local Currency Addendum that enables
Caterpillar Finance Corporation to borrow Japanese Yen for an aggregate
amount of up to the equivalent of US$75 million, as part of the Aggregate
Commitment.
The 364-Day Facility serves
as an alternative
source of
funds, if necessary, for the Borrower’s commercial paper
program at
maturity. The
Borrowers have not drawn on the 364-Day Facility,
and, have never drawn
against similar facilities.
The 364-Day
Facility contains customary representations and warranties, covenants and
events of default that may accelerate or increase the payment obligations
thereunder. The 364-Day Facility is subject to customary
conditions precedent and payment of certain facility fees in quarterly
arrears. Borrowings under the 364-Day Facility bear interest at an
adjusted applicable rate based on specified types of advances (i.e. base
rate, Euro currency or TIBO rate advances), plus a certain applicable
margin.
Some of the
Banks, as well as certain of their respective affiliates, have performed,
and may in the future perform, for Caterpillar and its subsidiaries,
various commercial banking, investment banking, underwriting and other
financial advisory services, for which they have received, and will
receive, customary fees and expenses.
The foregoing
description of the 364-Day Facility is a summary and is qualified in its
entirety by the terms and provisions of the 364-Day Facility and the Japan
Local Currency Addendum filed respectively as Exhibit 99.1 and 99.2 to
this report, and incorporated herein by
reference.”
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*********************************************************************
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SIGNATURES
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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
thereunto duly authorized.
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CATERPILLAR
INC.
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By:
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/s/
James B. Buda
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Dated:
January 26, 2009
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James B.
Buda
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Vice
President, General Counsel and
Secretary
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