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| DLYT > SEC Filings for DLYT > Form 8-K on 24-May-2012 | All Recent SEC Filings |
24-May-2012
Triggering Events That Accelerate or Increase a Direct Financial Obligation or
On May 18, 2012, we received a notice of default from Platinum-Montaur Life
Sciences, LLC ("Platinum-Montaur") with respect to (i) our Amended and Restated
Convertible Promissory Note, dated March 22, 2012 (the "Unsecured Note") and
(ii) Secured Convertible Promissory Note dated March 22, 2012 (the " Secured
Note" and the Unsecured Note and the Secured Note, collectively, the "Notes").
The Unsecured Note was issued in the principal amount of $1 million and the Secured Note was issued in the principal of $1.5 million. The Notes accrue interest at a rate of 10% per annum. Platinum-Montaur sent the notice of default pursuant to Section 10(ix) of the Notes, which provides that Platinum-Montaur may declare a default if we fail to make any payment of principal or interest on the Notes. We failed to pay the entire principal amount of the Note together with all accrued and unpaid interest on the maturity date of the Notes, which was May 7, 2012.
Pursuant to the terms of the Notes, we may cure the default within 15 days from the date we received the notice of default. If we are not able to satisfy or renegotiate the terms of the Notes, forebear the default, or otherwise cure the default within such time, Platinum-Montaur avers that all principal and accrued interest under the Notes will be immediately due and payable to Platinum-Montaur. With regard to the Secured Note, Platinum-Montaur asserts a security interest in certain of our intellectual property as set forth in our Patent Security Agreement entered into with Platinum-Montaur, dated March 22, 2012.
(c) Exhibits.
Exhibit No. Description
10.1 Amended and Restated Convertible Promissory Note by
and between the Registrant and Platinum-Montaur Life
Sciences, LLC dated March 22, 2011. (Incorporated by
reference to Exhibit 10.2 to the Company's Current
Report on Form 8-K, filed March 28, 2011)
10.2 Secured Convertible Promissory Note by and between
the Registrant and Platinum-Montaur Life Sciences,
LLC dated March 22, 2011. (Incorporated by reference
to Exhibit 10.8 to the Company's Current Report on
Form 8-K, filed March 28, 2011)
10.3 Patent Security Agreement by and between the
Registrant and Platinum-Montaur Life Sciences, LLC
dated March 22, 2011. (Incorporated by reference to
Exhibit 10.10 to the Company's Current Report on
Form 8-K, filed March 28, 2011)
10.4 First Amendment to Secured Convertible Promissory
Note by and between Dais Analytic and
Platinum-Montaur Life Sciences, LLC dated March 22,
2011. (Incorporated by reference to Exhibit 4.40 to
the Company's Annual Report on Form 10-K, filed
March 30, 2012)
10.5 Amendment to Amended and Restated Convertible
Promissory Note by and between Dais Analytic
Corporation and Platinum-Montaur Life Sciences, LLC
dated March 22, 2012. (Incorporated by reference to
Exhibit 4.41 to the Company's Annual Report on Form
10-K, filed March 30, 2012)
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