Buckeye Partners 8-K 2009
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 20549
PURSUANT TO SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934
Date of report (Date of earliest event reported): August 11, 2009
Buckeye Partners, L.P.
(Exact Name of Registrant as Specified in Charter)
Registrants telephone number, including area code: (832) 615-8600
(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. below):
Item 1.01. Entry into a Material Definitive Agreement.
On August 12, 2009, Buckeye Energy Services LLC (BES), an indirect wholly-owned subsidiary of Buckeye Partners, L.P. (we, us, our or the Partnership), entered into a Third Increase Agreement and Waiver (the Agreement) to the Credit Agreement (the Credit Agreement, and the credit facility evidenced by the Credit Agreement, the Facility), dated as of May 20, 2008, with BNP Paribas, as Administrative Agent, Collateral Agent, and Lead Arranger and the other lenders from time to time party thereto. After giving effect to the Agreement and other transactions effected concurrently with the effectiveness of the Agreement, the Facility is successfully syndicated and provides for borrowings up to $250,000,000 compared to a previous maximum of $175,000,000.
Item 8.01. Other Events.
On August 11, 2009, we entered into an Underwriting Agreement (the Underwriting Agreement) with Barclays Capital Inc., SunTrust Robinson Humphrey, Inc., BNP Paribas Securities Corp. and Wells Fargo Securities, LLC as representatives of the underwriters, that provided for the issuance and sale by the Partnership, and the purchase by the underwriters, of $275,000,000 aggregate principal amount of our 5.50% senior unsecured notes due 2019 (the Senior Notes). A copy of the Underwriting Agreement is filed as Exhibit 1.1 to this report and is incorporated by reference herein. The Senior Notes are expected to be issued on August 18, 2009 pursuant to an Indenture, dated as of July 10, 2003, between the Partnership and U.S. Bank National Association (successor to SunTrust Bank), as trustee, as amended and supplemented from time to time. The offering of the Senior Notes has been registered under the Securities Act of 1933, as amended, pursuant to a shelf registration statement on Form S-3 (File No. 333-155522).
Item 9.01. Financial Statements and Exhibits.
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.