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
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Date
of Report (Date of earliest event reported) November
12, 2008
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General
Electric Capital Corporation
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(Exact
name of registrant as specified in its charter)
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Delaware
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1-6461
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13-1500700
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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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3135
Easton Turnpike, Fairfield, Connecticut
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06828-0001
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(Address
of principal executive offices)
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(Zip
Code)
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Registrant’s telephone number, including area
code (203)
373-2211
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(Former
name or former address, if changed since last
report.)
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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 Instructions A.2. below):
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¨
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Written
communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
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¨
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Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
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¨
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Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
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¨
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Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))
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(1)
Item
1.01 Entry into a Material Definitive Agreement
The
information contained in Item 8.01 of this report is incorporated by reference
into this Item 1.01.
Item
2.03 Creation of a Direct Financial Obligation or an Obligation under an
Off-Balance Sheet Arrangement of a Registrant
The
information contained in Item 8.01 of this report is incorporated by reference
into this Item 2.03.
Item
8.01 Other Events
On
November 12, 2008, the Federal Deposit Insurance Corporation (the “FDIC”)
approved the application of General Electric Capital Corporation (“GE Capital”)
for designation as an eligible entity under the FDIC’s Temporary Liquidity
Guarantee Program (“debt guarantee program”). Under the FDIC’s interim rules for
the debt guarantee program, issued on October 23, 2008, eligible entities
include affiliates of FDIC-insured depository institutions subject to
application to the FDIC. GE Money Bank (a Federal Savings Bank) and
GE Capital Financial, Inc. (a Utah Industrial Bank) are subsidiary-insured
depository institutions of GE Capital.
Under the
terms of the debt guarantee program, the FDIC guarantees GE Capital’s senior
unsecured debt, including commercial paper and term debt, issued from the date
GE Capital becomes eligible under the program through and including June 30,
2009. We expect the program to be effective for GE Capital on or
before Friday, November 14, 2008. There is a cap on the maximum
amount of debt that GE Capital is permitted to have issued and outstanding at
any time under the debt guarantee program, which is 125% of the par value of its
senior unsecured debt outstanding as of September 30, 2008 that was scheduled to
mature on or before June 30, 2009. The FDIC guarantees such debt
until the earlier of the maturity date of the debt or June 30,
2012.
The
approval is subject to an Eligible Entity Designation Agreement (the
“Agreement”) among the FDIC, GE Capital and General Electric Company, our
ultimate parent (the “Company”). The Agreement, which is a condition of
eligibility for affiliates of depository institutions, is subject to various
terms and conditions, including a reimbursement agreement by GE Capital and the
Company in the event the FDIC is required to make payments under the debt
guarantee program. A copy of the form of Agreement is included as an
exhibit to this report and is incorporated by reference into this Item as
Exhibit 10(a).
Item
9.01 Financial Statements and Exhibits
(d) Exhibits
The following exhibit is being filed as
part of this report:
10(a)
Form of Eligible Entity Designation Agreement among Federal Deposit
Insurance Corporation, General Electric Capital Corporation and General Electric
Company.
(2)
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.
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General
Electric Capital Corporation
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(Registrant)
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Date:
November 12, 2008
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/s/
Jamie S. Miller
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Jamie
S. Miller
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Senior
Vice President and Controller
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(3)