form8k.htm
UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
WASHINGTON,
DC 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): March 28, 2008
Tortoise
Capital Resources Corporation
(Exact
Name of Registrant as Specified in Its Charter)
Maryland
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1-33292
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20-3431375
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(State
or Other Jurisdiction of Incorporation)
|
(Commission
File Number)
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(IRS
Employer Identification No.)
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10801
Mastin Blvd., Suite 222, Overland Park, KS
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66210
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(Address
of Principal Executive Offices)
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(Zip
Code)
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(913)
981-1020
(Registrant’s
Telephone Number, Including Area Code)
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
March
28, 2008, Tortoise Capital Resources Corporation (the “Company”) entered into a
Fourth Amendment to Credit Agreement (the “Fourth Amendment”) with U.S. Bank
National Association (“U.S. Bank”), as lender, agent and lead arranger, First
National Bank of Kansas, and Wells Fargo Bank, N.A. (“Wells Fargo”) (each a
“Bank” and collectively, the “Banks”), amending the Credit Agreement dated as of
April 25, 2007 among the Company, U.S. Bank and Bank of Oklahoma, as amended
by
the First Amendment to Credit Agreement dated as of July 18, 2007,
the Second Amendment to Credit Agreement dated as of September 28, 2007, and
the
Third Amendment to Credit Agreement dated as of March 21, 2008 (as so amended,
the “Credit Agreement”, and as amended by the Fourth Amendment, the “Amended
Credit Agreement”). The Fourth Amendment increased the total credit
facility to $50 million and included Wells Fargo as a lender.
The Amended Credit Agreement terminates on March 20, 2009.
The
description of the Fourth Amendment does not purport to be complete and is
qualified in its entirety by reference to the Fourth Amendment that is filed
hereto as Exhibit 10.1 and incorporated herein by reference.
U.S.
Bank
serves as the Company’s custodian for its securities and other assets pursuant
to a custody agreement. U.S. Bank also serves as custodian for
Tortoise Energy Infrastructure Corporation (“TYG”), Tortoise Energy Capital
Corporation (“TYY”), Tortoise North American Energy Corporation (“TYN”), and two
private funds advised by the Company’s investment adviser, which are affiliates
of the Company. In addition, U.S. Bancorp Fund Services, LLC, an
affiliate of U.S. Bank, provides fund accounting services to the Company
pursuant to a fund accounting servicing agreement and provides fund
administration services and fund accounting services to TYG and TYY, pursuant
to
fund administration servicing agreements and fund accounting servicing
agreements, as well as fund accounting services to one of such private funds
pursuant to a fund accounting servicing agreement. In addition, each
of TYG, TYY and TYN have entered into interest rate swap contracts with U.S.
Bank to protect itself from increasing interest expense on its leverage
resulting from increasing short-term interest rates.
Item
2.03. Creation of a Direct Financial
Obligation or an Obligation under an
Off-Balance
Sheet Arrangement of a
Registrant.
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The
information included under Item 1.01 above is incorporated into this
Item
2.03 by reference.
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Item
9.01. Financial Statements and
Exhibits.
(d) Exhibits
10.1
|
Fourth
Amendment to Credit Agreement dated as of March 28, 2008 by and among
Tortoise Capital Resources Corporation, U.S. Bank National Association,
First National Bank of Kansas and Wells Fargo Bank,
N.A.
|
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.
TORTOISE
CAPITAL
RESOURCES CORPORATION
Dated: April
1,
2008 By: /s/
Terry Matlack
Terry
C.
Matlack
Chief
Financial
Officer
Exhibit
Index
Exhibit
No.
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Description
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10.1
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Fourth
Amendment to Credit Agreement dated as of March 28, 2008 by and among
Tortoise Capital Resources Corporation, U.S. Bank National Association,
First National Bank of Kansas and Wells Fargo Bank, N.A.
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