UNITED STATES
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 3, 2006

 

THE AES CORPORATION

(Exact name of registrant as specified in its charter)

 

Delaware

 

1-12291

 

54-1163725

(State or other jurisdiction
of incorporation)

 

(Commission File
Number)

 

(I.R.S. Employer
Identification Number)

 

4300 Wilson Boulevard, Suite 1100, Arlington, Virginia

22203

(Address of principal executive offices)

(zip code)

 

Registrant’s telephone number, including area code: (703) 522-1315

 

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 (see General Instruction A.2.):

 

o

Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

o

Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

o

Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

o

Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

 



 

Item 8.01                           Other Events

 

On April 3, 2006, The AES Corporation (the “Company”) announced that it had defaulted on its $600 million senior unsecured credit facility due to the restatement of its 2004 financial statements. The credit facility is a syndicated loan and letter of credit facility lead arranged by Merrill Lynch. The Company obtained a waiver of the default on April 3, 2006. The credit facility will be used for general corporate purposes and to provide letters of credit to support AES’s investment commitment as well as the underlying funding for the equity portion of its investment in AES Maritza East 1 on an intermediate-term basis.

 

2



 

Item 9.01                          Financial Statements and Exhibits

 

(d)                                                                       Exhibits

 

Exhibit No.

 

Description

 

 

 

99.1

 

Waiver No. 1 to the Credit Agreement dated as of March 31, 2006 among The AES Corporation as Borrower, Merrill Lynch Capital Corporation as Administrative Agent, Merrill Lynch & Co., Merrill Lynch, Pierce, Fenner & Smith Incorporated, as Lead Arranger.

 

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.

 

 

 

THE AES CORPORATION

 

 

(Registrant)

 

 

 

 

 

 

 

 

 

 

 

By:

/s/ Vincent W. Mathis

 

 

 

 

Name:

Vincent W. Mathis

 

 

 

Title:

Deputy General Counsel

 

 

 

Date:

April 3, 2006

 

 

4