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| SCSS > SEC Filings for SCSS > Form 8-K on 23-Apr-2009 | All Recent SEC Filings |
23-Apr-2009
Entry into a Material Definitive Agreement, Financial Statements and Exhibits
Amendment No. 9 to Credit Agreement
Effective as of April 17, 2009, Select Comfort Corporation entered into Amendment No. 9 ("Amendment No. 9") to our existing Credit Agreement dated as of June 9, 2006, as previously amended, including most recently as of February 28, 2009 (the "Credit Agreement"). The parties to Amendment No. 9 are Select Comfort Corporation, Select Comfort Retail Corporation, JPMorgan Chase Bank, National Association, as Administrative Agent and as Collateral Agent, Bank of America, N.A., as Syndication Agent, and JPMorgan Chase Bank, National Association, Bank of America, N.A., Citicorp USA, Inc., Wells Fargo Bank, National Association and Branch Banking and Trust Co., as Lenders.
Pursuant to Amendment No. 9, the Collateral Agent transferred approximately $23 million in company funds (previously held in a cash collateral account) to reduce the outstanding balance under the Credit Agreement. In addition, the Lenders maintained their aggregate commitment at $85 million and added an availability covenant that caps the amount outstanding under the Credit Agreement at the aggregate commitment less $18 million (or a net aggregate availability of $67 million). The net effect of the foregoing was to reduce outstanding debt by $23 million and provide approximately $5 million in additional availability to the company following the amendment versus the amount effectively available to the company prior to the amendment.
Also pursuant to Amendment No. 9, the Lenders waived compliance, through May 8, 2009, with (a) the Minimum Interest Coverage Ratio covenant for the fiscal periods ending on or about December 31, 2008 through March 31, 2009, (b) the Maximum Leverage Ratio covenant for the fiscal period ended on or about March 31, 2009, (c) the EBITDA covenant for the fiscal period ending on or about December 31, 2008, and (d) the requirement under Section 5.01(a) of the Credit Agreement that the company deliver its audit for fiscal year 2008 without a going concern qualification or exception. The company remains in discussions with the Lenders under the Credit Agreement to seek a more permanent solution to meet the company's liquidity requirements.
The aforementioned description of Amendment No. 9 is qualified in its entirety by reference to the complete terms of Amendment No. 9, a copy of which is included as Exhibit 10.1 to this Current Report on Form 8-K and incorporated herein by reference.
(d) Exhibits.
10.1 Amendment No. 9 to Credit Agreement, dated as of April 17, 2009.
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