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 16, 2016

SM Energy Company
(Exact name of registrant as specified in its charter)



Delaware
001-31539
41-0518430
(State or other jurisdiction
(Commission
(I.R.S. Employer
of incorporation)
File Number)
Identification No.)


1775 Sherman Street, Suite 1200, Denver, Colorado
(Address of principal executive offices)
80203
(Zip Code)


Registrant’s telephone number, including area code: (303) 861-8140


Not applicable
(Former name or former 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.):

[_] 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))












Item 1.01 Entry into a Material Definitive Agreement.
 
On February 16, 2016, SM Energy Company (the “Company”) entered into an Amendment to the Amended and Restated Gas Gathering Agreement, effective as of February 1, 2016 (the “Amendment”), by and between the Company and ETC Field Services LLC (as successor by name change to Regency Field Services LLC) (“ETC Field”), which amended the Amended and Restated Gas Gathering Agreement, dated as of May 31, 2011 (the “Gathering Agreement”), by and between the Company and Regency Field Services LLC.
 
Pursuant to the Amendment, ETC Field and the Company agreed to terminate the previously disclosed amendment to the Gathering Agreement, dated effective as of September 1, 2015, which obligated ETC Field to expand the capacity of the gathering system and obligated the Company to deliver specific volumes or pay a shortfall payment. In addition, ETC Field agreed to add additional dehydration capacity to the gathering system, and the Company agreed to a temporary increase of $0.035 per MMBtu to the gathering fees and a related throughput commitment.

The foregoing description of the Amendment does not purport to be complete and is qualified in its entirety by reference to the Amendment, a copy of which is filed as Exhibit 10.1 to this Current Report on Form 8-K and is incorporated herein by reference.
 
Item 9.01. Financial Statements and Exhibits.
 
(d) Exhibits.
 
Exhibit Number
 
Description
10.1
 
Amendment to Amended and Restated Gas Gathering Agreement, effective as of February 1, 2016, by and between SM Energy Company and ETC Field Services LLC































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.


SM ENERGY COMPANY


Date:
February 22, 2016
By:
/s/ David W. Copeland
 
 
 
David W. Copeland
 
 
 
Executive Vice President, General Counsel and Corporate Secretary