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Quotes & Info
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| ASPM > SEC Filings for ASPM > Form 8-K on 7-Jul-2009 | All Recent SEC Filings |
7-Jul-2009
Entry into a Material Definitive Agreement
• the expiration date of the Loan Agreement was extended from May 8, 2009 to May 7, 2010 (the "Expiration Date");
• the term "Pledge Agreement" was amended to refer to the Security Agreement from the Company to the Lender, dated May 10, 2008, as amended;
• a section was added to provide that the Company will pay to the Lender a fee of 0.5% per annum times the unused portion of the Loan Amount, which fee will accrue and be due and payable quarterly in arrears;
• notwithstanding the provision of the Loan Agreement that prohibits the expiration later than 90 days after the Expiration Date of any letter of credit in favor of a lender other than the Lender, the Company and the Lender agreed that that certain letters of credit issued for the benefit of Dell Financial Services L.P. and CFRI/CQ Norwood Upland, L.L.C. may be extended to March 31, 2011 and February 3, 2011, respectively, and are permitted to automatically renew for periods of one year thereafter; and
• the Company covenanted and agreed to maintain restricted cash in an amount equal to 102% of the outstanding amounts under the Loan Agreement.
This summary description of the Amendment does not purport to be complete
and is qualified in its entirety by reference to the Amendment, which is
attached hereto as Exhibit 10.1 and is incorporated herein by reference.
Item 2.03. Creation of a Direct Financial Obligation or an Obligation under an
Off-Balance Sheet Arrangement of a Registrant
See the description set forth under "Item 1.01 Entry into a Material
Definitive Agreement," which is incorporated into this Item 2.03 by reference.
Item 9.01. Financial Statements and Exhibits
(d) See Exhibit Index attached hereto.
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