Form 8-K for MERCURY FINANCE CO filed on
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) April 30, 1998
Mercury Finance Company
(Exact name of registrant as specified in charter)
Delaware 1-10176 36-3627010
(State of other jurisdiction (Commission (IRS Employer
of incorporation) File Number) Identification No.)
100 Field Drive, Lake Forest, Illinois 60045
(Address of principal executive offices) (Zip Code)
Registrant's telephone number, including area code (847) 295-8600
N/A
(Former name or former address, if changed since last report)
Item 5. Other Events.
On April 30, 1998, the Registrant entered into a Waiver Agreement dated as
of April 30, 1998 between the Registrant and certain lenders, a copy of which is
attached hereto as Exhibit 99.1 to this Form 8-K and incorporated herein by
reference.
Item 7. Financial Statements and Exhibits.
(c) Exhibits.
Exhibit No. Description of Document
99.1 Waiver Agreement dated as of April 30, 1998 between the
Registrant and certain lenders.
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.
Mercury Finance Company
Date: May 11, 1998 By: /s/ Patrick J. O'Malley
Its: Chief Accounting Officer
and Assistant Secretary
EXHIBIT 99.1
WAIVER AGREEMENT
This Waiver Agreement, dated as of April 30, 1998 (this "Agreement"), is
between Mercury Finance Company, a Delaware corporation (the "Company"), and the
person(s) listed on the signature pages of this Agreement (collectively or
individually, the "Lender"). Capitalized terms used in this Agreement and not
otherwise defined have the meanings assigned to such terms in the Second
Amendment to Forbearance Agreement dated as of March 2, 1998 (the "Second
Amendment"), between the Company and the Lender (or its successor in interest).
In consideration of the premises and mutual agreements contained in this
Agreement and for other good and valuable consideration, the receipt and
sufficiency of which are acknowledged, the parties to this Agreement agree as
follows:
1. Representations of the Company. The Company represents to the Lender
that, notwithstanding Section 1.5 of the Second Amendment, the Company has not
amended the Forbearance and Fourth Limited Waiver Agreement dated as of
November 6, 1997, between the Company and the holder of the subordinated debt.
The Company further represents that it will not make any payments to the holder
of the subordinated debt under Section 1.5 of the Second Amendment.
2. Waiver by the Lender. The Lender agrees that, notwithstanding the
requirements of Section 1.7 of the Second Amendment, the Company does not have
to establish the Escrow and any failure to do so will not constitute
noncompliance under or breach of the Second Amendment.
Deliver in Chicago, Illinois as of the date and year above first mentioned.
MERCURY FINANCE COMPANY
By: William A. Brandt, Jr.
Name: William A. Brandt, Jr.
Title: President
LENDER:
By:
Name:
Title: |
