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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): July 30, 2010
AMERICAN CAMPUS COMMUNITIES, INC.
(Exact name of Registrant as specified in its Charter)
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Maryland
(State or other jurisdiction of
incorporation or organization)
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001-32265
(Commission file number)
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760753089
(I.R.S. Employer
Identification Number) |
805 Las Cimas Parkway Suite 400
Austin, TX 78746
(Address of principal executive offices) (Zip Code)
Registrant’s telephone number, including area code: (512) 732-1000
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:
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Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
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Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
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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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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
July 30, 2010, American Campus Communities, Inc., as Parent Guarantor (the “Company”),
entered into a First Amendment to Second Amended and Restated Credit Agreement (the “Amendment”)
with American Campus Communities Operating Partnership LP, the Company’s operating partnership, as
Borrower; the other subsidiaries of the Company listed on the signature pages thereto, as
Subsidiary Guarantors; KeyBank National Association; the other lenders that are signatories
thereto; and KeyBank National Association, as Administrative Agent, to among other things, modify a
financial covenant. The description herein of the Amendment is qualified in its entirety, and the
terms therein are incorporated herein, by reference to the Amendment filed as Exhibit 99.1 hereto.
Item 2.03 Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet
Arrangement of Registrant
The information contained in Item 1.01 is incorporated herein by reference.
Item 9.01 Financial Statements and Exhibits
(c) Exhibits
The Exhibit to this Report is listed on the Exhibit Index attached hereto.
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SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the
registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly
authorized.
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| Date: August 2, 2010 |
AMERICAN CAMPUS COMMUNITIES, INC.
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By: |
/s/ Jonathan A. Graf
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Jonathan A. Graf |
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Executive Vice President, Chief Financial
Officer, Secretary and Treasurer |
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EXHIBIT INDEX
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| Exhibit |
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99.1
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Form of First Amendment to Second
Amended and Restated Credit Agreement dated as of July 30,
2010 among American Campus Communities Operating Partnership LP, as Borrower; American Campus
Communities, Inc., as Parent Guarantor; the Subsidiary Guarantors listed on the signature
pages thereto; KeyBank National Association; the other lenders that are signatories thereto;
and KeyBank National Association, as Administrative Agent |