Item 1.01 Entry into a Material Definitive Agreement
On June 1, 2009, TLC Vision Corporation (the "Company") secured from its
lenders an extension to 5 p.m. (New York time) on June 5, 2009 of the previously
announced limited waiver with respect to its credit facility. The credit
facility, dated June 21, 2007, amended as of February 28, 2008 and March 31,
2009, provides for an $85 million term loan and a $25 million revolving credit
line. As of May 31, 2009, the amount outstanding under the credit facility was
approximately $100.1 million.
The extension agreement is included in a further amendment to the limited
waiver and amendment no. 2 to the credit facility, dated as of March 31, 2009
(the "Amendment No. 2 to Limited Waiver"), which, among other things, provides a
limited waiver through 5 p.m. (New York time) on June 5, 2009 of defaults
identified to the lenders, consents to the Company's financing of certain
insurance payments, and releases any claims the Company may have had against the
lenders. The foregoing description of the Amendment No. 2 to Limited Waiver is
only a summary and is qualified in its entirety by the full text of the
Amendment No. 2 to Limited Waiver, which is attached hereto as Exhibit 10.1 and
is incorporated by reference herein.
Item 8.01 Other Events
On June 3, 2009, the Company issued a press release announcing the expiration
of the limited waiver. A copy of the press release is attached hereto as
Exhibit 99.1 and incorporated by reference herein.
Item 9.01 Financial Statements and Exhibits
(d) Exhibits:
10.1 Amendment No. 2 to Limited Waiver and Amendment No. 2 to Credit
Agreement, dated June 1, 2009.
99.1 Press Release entitled "TLCVision Secures Extension of Credit
Facility Limited Waiver" issued by TLC Vision Corporation on June 3,
2009.