form8-k.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): September 28,
2007
Tortoise
Capital Resources Corporation
(Exact
Name of Registrant as Specified in Its Charter)
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Maryland
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1-33292
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20-3431375
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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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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
September 28, 2007, Tortoise Capital Resources Corporation (the “Company”)
entered into a Second Amendment to Credit Agreement (the “Second Amendment”)
with U.S. Bank National Association (“U.S. Bank”), as lender, agent and lead
arranger, Bank of Oklahoma, N.A. (“Bank of Oklahoma”) and First National Bank of
Kansas (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 (as so amended, the “Credit Agreement”, and as
amended by the Second Amendment, the “Amended Credit Agreement”). The
Second Amendment increases the maximum principal amount of the revolving credit
facility under the Credit Agreement from $35 million to $40 million and includes
the First National Bank of Kansas as a Bank.
The
description of the Second Amendment does not purport to be complete and is
qualified in its entirety by reference to the Second 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”) and 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.
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Item
2.03.
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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
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10.1
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Second
Amendment to Credit Agreement dated as of September 28, 2007 by and
among
Tortoise Capital Resources Corporation, U.S. Bank National Association,
Bank of Oklahoma, N.A. and First National Bank of Kansas
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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: October
3,
2007 By: /s/
Terry Matlack
Terry
C.
Matlack
Chief
Financial
Officer
Exhibit
Index
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Exhibit
No.
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Description
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10.1
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Second
Amendment to Credit Agreement dated as of September 28, 2007 by and
among
Tortoise Capital Resources Corporation, U.S. Bank National Association,
Bank of Oklahoma, N.A. and First National Bank of Kansas
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