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) June 7, 2006
(Exact Name of Registrant as Specified in its Charter)
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Georgia
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0-22276
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58-0360550 |
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(State or Other Jurisdiction
of Incorporation)
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(Commission
File Number)
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(IRS Employer
Identification No.) |
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160 Clairemont Avenue, Suite 200, Decatur, Georgia
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30030 |
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(Address of Principal Executive Offices)
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(Zip Code) |
Registrants telephone number, including area code
(404) 373-4285
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 June 7, 2006, Allied Holdings, Inc. (the Company) entered into a Consent and Forbearance
Extension Agreement, effective as of May 30, 2006 (the Consent Agreement) with respect to the
Companys Debtor-in-Possession Credit Agreement, as amended (the DIP Facility), by and among the
Company and General Electric Capital Corporation, Morgan Stanley Senior Funding, Inc., and the
other lenders from time to time party thereto (collectively, the Lenders). The Consent Agreement
further extends, until June 16, 2006, the date by which the Company is required to deliver to the
Lenders the Companys audited financial statements for the fiscal year ended December 31, 2005 and
other related deliveries, which are required to be delivered pursuant to the terms of the DIP
Facility. In addition, the Consent Agreement also further extends, until the earlier of (a) June
16, 2006 and (b) the occurrence of any new default or event of default under the DIP Facility, the
forbearance period related to the Companys previously disclosed defaults under the DIP Facility
with respect to certain financial covenants.
Except with respect to the extension of the forbearance discussed above, the Consent Agreement
does not affect the Companys previously disclosed defaults under the DIP Facility, which defaults
remain outstanding, and all other terms and conditions of the DIP Facility, as amended, remain in
full force and effect.
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