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| SCSS > SEC Filings for SCSS > Form 8-K on 24-Sep-2009 | All Recent SEC Filings |
24-Sep-2009
Entry into a Material Definitive Agreement, Financial Statements and Exhibits
Amendment No. 13 to Credit Agreement
Effective as of September 22, 2009, Select Comfort Corporation entered into Amendment No. 13 ("Amendment No. 13") to our existing Credit Agreement dated as of June 9, 2006, as previously amended, including most recently as of September 4, 2009 (the "Credit Agreement"). The parties to Amendment No. 13 are Select Comfort 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. 13, the Lenders maintained their aggregate commitment at $80 million, and increased the minimum availability amount to $30 million, resulting in the net availability amount of $50 million. The total amount utilized as of the date of Amendment No. 13, including letters of credit, was $28.9 million.
Also pursuant to Amendment No. 13, the Lenders waived compliance, through the
earlier of (a) close of business on September 29, 2009 or (b) such date on which
the Company's capital expenditures for fiscal 2009 exceed $4 million (with the
earliest of such dates being a "Waiver Termination Event"), with (i) the Minimum
Interest Coverage Ratio covenant for the fiscal period ending on or about
December 31, 2008 and other applicable fiscal periods ending on or prior to a
Waiver Termination Event, (ii) the Maximum Leverage Ratio covenant for the
fiscal period ended on or about March 31, 2009 and other applicable fiscal
periods ending on or prior to a Waiver Termination Event, (iii) the EBITDA
covenant for the fiscal period ending on or about December 31, 2008 and other
applicable fiscal periods ending on or prior to a Waiver Termination Event, and
(iv) 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 aforementioned description of Amendment No. 13 is qualified in its entirety by reference to the complete terms of Amendment No. 13, 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. 13 to Credit Agreement, dated as of September 22, 2009.
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