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): December 28, 2012 (December 21, 2012)

 

ECHOSTAR CORPORATION

(Exact name of registrant as specified in its charter)

 

 

 

(303) 706-4000

(Registrant’s telephone number, including area code)

 

HUGHES SATELLITE SYSTEMS CORPORATION

(Exact name of registrant as specified in its charter)

 

 

 

(303) 706-4000

(Registrant’s telephone number, including area code)

 

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:

 

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 1.01. Entry into a Material Definitive Agreement.

 

EchoStar XVI Satellite Capacity Agreement Amendment.  During December 2009, we entered into a transponder service agreement (the “Agreement”) with DISH Network Corporation (“DISH”) to lease to DISH all of the capacity on EchoStar XVI, a DBS satellite, after its service commencement date.  Under the Agreement, the initial term generally expired upon the earlier of: (i) the end-of-life or replacement of the satellite; (ii) the date the satellite failed; (iii) the date the transponder(s) on which service was being provided under the agreement failed; or (iv) ten years following the actual service commencement date.  Prior to expiration of the initial term, DISH also had the option to renew on a year-to-year basis through the end-of-life of the satellite.

 

Effective December 21, 2012, we and DISH amended the Agreement to, among other things, change the initial term of the Agreement to generally expire upon the earlier of: (i) the end-of-life or replacement of the satellite; (ii) the date the satellite fails; (iii) the date the transponder(s) on which service is being provided under the agreement fails; or (iv) four years following the actual service commencement date.  Prior to expiration of the initial term, we have the right, under certain conditions, to renew the Agreement for an additional six-year period.  Prior to expiration of the initial term, DISH also has the option to renew the Agreement for an additional six-year period.  If either we or DISH exercise our respective six-year renewal options, then DISH has the option to renew the Agreement for an additional five-year period prior to expiration of the then-current term.

 

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SIGNATURE

 

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrants have duly caused this report to be signed on their behalf by the undersigned hereunto duly authorized.

 

	ECHOSTAR CORPORATION HUGHES SATELLITE SYSTEMS CORPORATION
	By:	/s/ Dean A. Manson
		Executive Vice President, General Counsel and Secretary
Date:  December 28, 2012

 

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