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MSII > SEC Filings for MSII > Form 8-K on 29-Oct-2009All Recent SEC Filings

Show all filings for MEDIA SCIENCES INTERNATIONAL INC | Request a Trial to NEW EDGAR Online Pro

Form 8-K for MEDIA SCIENCES INTERNATIONAL INC


29-Oct-2009

Entry into a Material Definitive Agreement, Change in Directors


Item 1.01 Entry into a Material Definitive Agreement

On October 27, 2009, we entered into an agreement of amendment with our senior secured lender, Sovereign Bank, amending certain covenants and terms of our credit facility, effective for our first fiscal quarter ended September 30, 2009. Financial covenants were amended to be tested on a rolling basis for periods after September 30, 2009 and until September 30, 2010, the term "EBITDA", as used for purposes of the calculation of the fixed charge coverage ratio, was clarified to include add backs for the non-cash effects of accounting pronouncement EITF 07-5 [FASB ASC Topic 815-10], with a modified calculation applicable for our first fiscal quarter ended September 30, 2009 and the interest rate was amended to the greater of (i) seven percent per annum or (ii) the lender's floating prime rate plus three and one-quarter percent per annum. The foregoing summary is subject to and qualified in its entirety by reference to the full text of the amendment, a copy of which is attached hereto as Exhibit 10.1 to this Current Report on Form 8-K and is incorporated by reference into this Item 1.01.



Item 5.02 Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers

(b) On October 27, 2009, Frank Tanki informed the Company that he will not be standing for re-election at the next annual meeting for the election of directors.



Item 9.01 Financial Statements and Exhibits

(d) Exhibits

Exhibit No.    Description of Exhibit
10.1           Fourth Agreement of Amendment to Revolving Loan and Security
               Agreement and Other Documents


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