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): December 5, 2000
----------------
Capital Environmental Resource Inc.
-----------------------------------------------------------------------
(Exact name of registrant as specified in its charter)
ONTARIO, CANADA 333-77633 Not Applicable
-------------------- ---------------- -------------------
(State or other (Commission (IRS Employer
jurisdiction of File Number) Identification No.)
incorporation)
1005 Skyview Drive
Burlington, Ontario, Canada L7P 5B1
------------------------------- --------------------------
(Address of principal executive offices) (Zip Code)
Registrant's telephone number, including area code: (905) 319-1237
--------------
Page 1 of 38
Index to Exhibits on Page 4
<PAGE>
2
Item 5. OTHER EVENTS.
------------
On December 5, 2000, Capital Environmental Resource Inc. (the
"Company") issued a press release announcing that it had entered into an
amending agreement with its senior lending syndicate. The effect of the
amendments is to cure certain existing defaults and waive the noncompliance with
certain financial covenants under such debt arrangement. The amendment also
modified certain financial covenants and associated interest rates, modified
permitted capital expenditure limits, accelerated the amortization terms of
certain portions of the debt and obligated the Company to raise additional
subordinated debt or equity over the next several quarters.
Item 7. Financial Statements, Pro Forma Financial
Information and Exhibits.
-------------------------
(c) Exhibits:
Exhibit No. Description of Document
----------- -----------------------
10.1
Third Amendment dated as of December 4, 2000 to the
Second Amended and Restated Credit Agreement dated
as of November 26, 1999 among CERI, L.P., Capital
Environmental Resource Inc./Ressources
Environmentales Capital Inc., various financial
institutions, Canadian Imperial Bank of Commerce, as
Syndication Agent, Bank of America, N.A., as U.S.
Agent, and Bank of America Canada, as Canadian Agent
99.1 Press release dated December 5, 2000
<PAGE>
3
SIGNATURE
---------
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.
CAPITAL ENVIRONMENTAL RESOURCE INC.
By /s/ DAVID LANGILLE
-------------------------------------------
Name: David Langille
Title: Executive Vice President
and Chief Financial Officer
Dated: December 8, 2000
<PAGE>
4
INDEX TO EXHIBITS
EXHIBIT PAGE
NUMBER DESCRIPTION NUMBER
10.1 Third Amendment dated as of December 4, 2000 to the 5
Second Amended and Restated Credit Agreement dated
as of November 26, 1999 among CERI, L.P., Capital
Environmental Resource Inc./Ressources
Environmentales Capital Inc., various financial
institutions, Canadian Imperial Bank of Commerce, as
Syndication Agent, Bank of America, N.A., as U.S.
Agent, and Bank of America Canada, as Canadian Agent
99.1 Press release dated December 5, 2000 38