Item 1.01 Entry into a Material Definitive Agreement.
Asta Funding, Inc. (the "Company") announced on July 10, 2009 that the Company
has secured the Eighth Amendment to Fourth Amended and Restated Loan Agreement
(the "Credit Facility") that extends the maturity date of the Credit Facility
until December 31, 2009. The amendment, provided by a consortium of lenders for
which IDB Bank serves as agent, became effective July 10, 2009. The initial
level of the Credit Facility on July 10, 2009 is $40 million with a minimum
interest rate of 5.5% per annum. A copy of the press release announcing the
agreement is being furnished as Exhibit 99.1 to this Current Report on Form 8-K.
The Credit Facility is being furnished as Exhibit 99.2. to this Current Report
on Form 8-K. The Form of Revolving Note is being furnished as Exhibit 99.3 to
this Current Report on Form 8-K.
Under the terms of this amendment the Credit Facility will liquidate over the
remaining six months of the calendar year with funding capacity limited to our
current commitments through the end of the calendar year. Other provisions of
this Credit Facility remain substantially unchanged including the standard
defaults and the cross-default in the Palisades Acquisition XVI , LLC financing
agreement due to the Bank of Montreal (the "Receivables Financing Agreement") .
The cross default in the Receivables Financing Agreement can only occur in the
event of a non-payment in excess of $2.5 million of the Credit Facility. The
Company continues to make steady progress in debt reduction, reducing the
revolving line of credit since September 2008 from $84.9 million as of
September 30, 2008 to $31.9 million at July 10, 2009.
The Company's total senior debt level is approximately $139.5 million as of
July 10, 2009, including $31.9 million under the Credit Facility, and
$107.6 million due on the Receivables Financing Agreement. This represents a
reduction of 35 percent in total senior debt from approximately $213.5 million
as of September 30, 2008. The Company previously announced an agreement,
effective February 20, 2009, to amend certain terms of the Receivables Financing
Agreement and extend its maturity date to April 2011.
Item 9.01 Financial Statements and Exhibits.
(c) Exhibits
99.1 Press release dated July 10, 2009.
99.2 Eighth Amendment to Fourth Amended and Restated Loan Agreement
99.3 Form of Revolving Note