Item 1.01 Entry into a Material Definitive Agreement
On
- The maturity date has been amended to be
- The maximum availability has been amended to
will be solely based on accounts receivable. The Company was required to pay
down its inventory advance line to zero balance upon execution of the Amendment
and will not be able to borrow against inventory for the remainder of the loan
term.
- The non-default interest rate will be 6.5% over the prime rate, as defined in
the Credit Agreement.
- The account administration fee is increasing to 0.6% of the outstanding balance
of the loan.
- The Company is required to engage the firm of Morris Anderson to consult
regarding the Company's operations and to manage the sale of all or
substantially all of the Company's assets. The Company is also required to
engage an intermediary to broker the sale of the Company's assets. The Company
has already engaged Morris Anderson, as previously disclosed in a Current
Report on Form 8-K filed on
engaged an investment banking firm to broker the sale of the Company's assets.
- The Company must provide weekly collateral updates and operate in accordance
with an agreed upon budget, subject to certain exceptions described in the
Amendment.
- Not later than
with a stalking horse bidder reasonably acceptable to Summit for all of the
Company's assets, (2) enter into an agreement regarding the restructuring of
the Company's business, or (3) engage an auctioneer acceptable to Summit to
manage the auction of all of the Company's machinery, equipment and inventory.
- Any sales of inventory or fixed assets are required to be used to pay down
outstanding amounts under the Credit Agreement.
- In the event the Company files bankruptcy proceedings, Summit will be entitled
to a fee of
court approval.
The foregoing summary of the amendment to the Credit Agreement is qualified in its entirety by reference to the Sixth Amendment to Loan and Security Agreement, a copy of which is filed herewith as Exhibit 99.1, and incorporated by reference herein.
Item 8.01 Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing.
As previously disclosed, on
In response to stockholder inquiries, the Company is providing the following
additional information. Following the close of trading on
Item 9.01 Financial Statements and Exhibits.
(a) Not applicable. (b) Not applicable. (c) Not applicable. (d) Exhibits. Exhibit Number Description 99.1 Sixth Amendment to Loan and Security Agreement, datedJanuary 30, 2023 , by and betweenAllied Healthcare Products, Inc. andSumit Financial Resources, LLC . 99.2 Press Release, datedJanuary 31, 2023 . 104 Cover Page Interactive Data File (embedded within the Inline XBRL document)
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