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| IRIX > SEC Filings for IRIX > Form 8-K on 7-Nov-2008 | All Recent SEC Filings |
7-Nov-2008
Entry into a Material Definitive Agreement, Financial Statements and Exhibits
On November 3, 2008, Iridex Corporation (the "Company") and Wells Fargo Bank,
National Association, acting through its Wells Fargo Business Credit operating
division ("Lender"), entered into amendments (the "Amendments") to each of
(i) the Credit and Security Agreement, dated March 27, 2008 (the "Domestic
Credit Agreement"), by and between the Company and Lender and (ii) the Credit
and Security Agreement (Ex-Im Subfacility), dated March 27, 2008 (the "Ex-Im
Credit Agreement" and together with the Domestic Credit Agreement, the "Credit
Agreements"), by and between the Company and Lender. As previously disclosed,
the Credit Agreements, collectively, provide the Company with an asset-based
revolving line of credit of up to $8 million.
The Company was not in compliance with the debt service covenant contained in
the Credit Agreements which constituted an event of default under the Credit
Agreements and entitled Lender to exercise its remedies, which include declaring
all outstanding obligations due and payable, and disposing of the collateral if
obligations are not paid. Pursuant to the Amendments, Lender agreed to waive the
Event of Default and the Company agreed to (i) pay Lender a one-time,
fully-earned, non-refundable fee in the amount of $15,000, and (ii) increase the
interest rate paid by the Company to Lender pursuant to the Credit Agreements
from a rate of 0.75% above the Prime Rate to a rate of 2.00% above the Prime
Rate. For the purposes of the Amendments, "Prime Rate" means the greater of
(i) five percent (5%) per annum, or (ii) the rate of interest most recently
announced by Lender at its principal office as its Prime Rate.
The foregoing descriptions of the Amendments and the Credit Agreements do not purport to be complete and are qualified in their entirety by the terms and conditions of the First Amendment to Credit and Security Agreements and Waiver of Default attached as Exhibit 10.1 to this Current Report on Form 8-K, as well as the Domestic Credit Agreement and Ex-Im Credit Agreement attached as Exhibits 10.1 and 10.2, respectively, to the Current Report on Form 8-K filed on April 2, 2008, which exhibits are incorporated herein by reference.
(d) Exhibits
Exhibit No. Description
10.1 First Amendment to Credit and Security Agreements and Waiver of
Default by and between IRIDEX Corporation and Wells Fargo Bank,
National Association, acting through its Wells Fargo Business
Credit operating division, dated November 3, 2008.
10.2 Credit and Security Agreement by and between IRIDEX Corporation
and Wells Fargo Bank, National Association, acting through its
Wells Fargo Business Credit operating division, dated March 27,
2008. (which is incorporated herein by reference to Exhibit 10.1
to the Current Report on Form 8-K filed with the Commission on
April 2, 2008).
10.3 Credit and Security Agreement (Ex-Im Subfacility) by and between
IRIDEX Corporation and Wells Fargo Bank, National Association,
acting through its Wells Fargo Business Credit operating
division, dated March 27, 2008 (which is incorporated herein by
reference to Exhibit 10.2 to the Current Report on Form 8-K filed
with the Commission on April 2, 2008).
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