Empire Resources Inc /New/ - Current report filing (8-K)

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): FEBRUARY 4, 2008

EMPIRE RESOURCES, INC.
(Exact Name of Registrant as Specified in Charter)

Delaware 001-12127 22-3136782 (State of Incorporation) (Commission File No.) (I.R.S. Employer Identification No.) ONE PARKER PLAZA Fort Lee, New Jersey 07024 (Address of principal executive offices, including zip code) [phone] (Registrant's telephone number, including area code)

Not applicable
(Former name or 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 (see General Instruction A.2 below):

[_] 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))

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Item 1.01 Entry into a Material Definitive Agreement.

On February 4, 2008, Empire Resources, Inc. (the "Company"), certain lenders (collectively the "Banks") that are parties to the Company's June 13, 2006 Amended and Restated Credit Agreement (the "Credit Agreement"), and JP Morgan Chase Bank, N.A., as agent for the Banks, entered into Amendment No. 4 to the Credit Agreement. Amendment No. 4, which is dated as of January 30, 2008, amends the definition of "Borrowing Base" and provides for an increase from $150,000,000 to $175,000,000 in the maximum aggregate amount of commitments of the Banks to extend credit (by making loans and issuing letters of credit) to the Company under the Credit Agreement. One of the Banks that is a party to the Credit Agreement, Fortis Bank S.A./N.V., New York Branch, is also party to a separate credit facility with the Company's Belgian subsidiary, Imbali Metals Bvba ("Imbali"), providing for up to EUR 10 million of loans and documentary letters of credit, and the Company is a guarantor of Imbali's obligations thereunder.

Item 2.03 Creation of a Direct Financial Obligation or an Obligation under an

Off-Balance Sheet Arrangement of a Registrant.

The information from Item 1.01 above is incorporated by reference into this Item 2.03.

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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.

EMPIRE RESOURCES, INC.

Date: February 4, 2008 /s/ Sandra Kahn -------------------- Sandra Kahn Chief Financial Officer

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