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RSYS > SEC Filings for RSYS > Form 8-K on 20-Feb-2009All Recent SEC Filings

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Form 8-K for RADISYS CORP


20-Feb-2009

Entry into a Material Definitive Agreement


Item 1.01 Entry Into a Material Definitive Agreement.

Effective February 13, 2009, RadiSys Corporation (the "Company") amended its Loan and Security Agreement with Silicon Valley Bank ("SVB") dated August 7, 2008 (as amended, the "Agreement"), by entering into the Second Amendment and Limited Waiver to Loan and Security Agreement between the Company and SVB (the "Second Amendment") and the Third Amendment to Loan and Security Agreement between the Company and SVB (the "Third Amendment"), each dated February 13, 2009. All capitalized terms used and not defined herein shall have the meanings assigned to them in the Agreement.

A. Second Amendment.

As of December 31, 2008, no amounts were outstanding under the Agreement. Pursuant to the Second Amendment, SVB agreed to waive a technical financing covenant default that existed as of December 31, 2008 and to amend the definition of "EBITDA" in the Agreement to exclude an impairment charge on goodwill, which was required by Statement of Financial Accounting Standards No. 142 fair value testing for the fiscal quarter ending December 31, 2008.

B. Third Amendment.

Pursuant to the Agreement, as part of the Revolving Line, the Company may enter into foreign exchange contracts with SVB, under which the Company commits to purchase from, or sell to, SVB a specific amount of foreign currency. The Third Amendment permits the Company's Subsidiaries as well as the Company to enter into such foreign exchange contracts with SVB and expands the events of default under the Agreement to include a default under, or a breach of, any foreign exchange contract between any of the Company's Subsidiaries and SVB.


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