8-K 1 c88787e8vk.htm FORM 8-K Form 8-K
 
 

UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

FORM 8-K

CURRENT REPORT
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934

Date of Report (Date of earliest event reported): July 31, 2009

ViewCast.com, Inc.
(Exact name of registrant as specified in its charter)
         
Delaware   0-29020   75-2528700
(State or other Jurisdiction of Incorporation)   (Commission File Number)   (IRS Employer Identification No.)
     
17300 North Dallas Parkway, Suite 2000
Dallas, Texas
  75248-1191
(Address of Principal Executive Offices)   (Zip Code)

Registrant’s telephone number, including area code: (972) 488-7200
 
Not Applicable
(Former name or former address if changed since last report.)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 
 

 

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Item 1.01. Entry into a Material Definitive Agreement

Amendment to Revolving and Term Credit Facility

On July 31, 2009, the Company and the Ardinger Family Partnership, Ltd. amended the Second Amended and Restated Loan and Security Agreement dated as of December 11, 2006 (as modified, amended, renewed, extended, and restated from time to time, the “Loan Agreement”) by and among the Ardinger Family Partnership, Ltd., ViewCast.com, Inc., Osprey Technologies, Inc. and Videoware, Inc. The general partner of the Ardinger Family Partnership, Ltd. is H.T. Ardinger, Jr., the Chairman of the Board of the Company and the Company’s largest stockholder.

The amendment defers the initial date on which monthly principal payments must be made by the Company under the Loan Agreement from July 31, 2009 to January 31, 2010. Specifically, Section 3(e) of the Loan Agreement is amended to read as follows:

“(e) Payment of Outstanding Obligation. (i) Beginning on and as of January 31, 2010, Borrower shall make monthly principal payments in an amount equal to not less than $21,422.34. Such monthly payments shall be applied to the Primary Principal Amount until the Primary Principal Amount is paid in full, and such monthly payments shall thereafter be applied to the Secondary Principal Amount. (ii) Borrower shall repay all remaining outstanding Unpaid Principal and all accrued and unpaid interest thereon on the Maturity Date.”

Item 2.03  
Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant.

See Item 1.01 “Entry into a Material Definitive Agreement –Amendment to Revolving and Term Credit Facility” above.

Item 9.01 Financial Statements and Exhibits.

(c) Exhibits

  10.1.  
Second Amendment to Second Amended and Restated Loan and Security Agreement.

* * * * *

 

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SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

VIEWCAST.COM, INC.

         
Date: August 5, 2009
 
By:
 
/s/ Laurie L. Latham
 
       
 
      Laurie L. Latham, Chief Financial Officer

 

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EXHIBIT INDEX

Exhibit No.
 
Description
     
10.1.  
Second Amendment to Second Amended and Restated Loan and Security Agreement.

 

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