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): January 26, 2010
BETAWAVE CORPORATION
(Exact name of registrant as specified in its charter)
Delaware | 333-131651 | 20-2471683 |
(State or other jurisdiction | (Commission | (I.R.S. Employer |
of incorporation) | File Number) | Identification No.) |
706 Mission Street, 10th Floor, San Francisco, California | 94103 | |
(Address of principal executive offices) | (Zip Code) |
Registrant’s telephone number, including area code: (415) 738-8706
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 (see General Instruction A.2. below):
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)) |
Item 1.01 | Entry into a Material Definitive Agreement. |
On January 26, 2010, Betawave Corporation (the “Company”) and Silicon Valley Bank (“SVB”) entered into a First Amendment to Amended and Restated Loan and Security Agreement (the “Amendment”). The Amendment amended the Amended and Restated Loan and Security Agreement, dated as of November 25, 2009 (the “A&R Loan Agreement”), between the Company and SVB to, among other things, extend the maturity date of the A&R Loan Agreement from January 31, 2010 to March 1, 2010. A description of the A&R Loan Agreement was previously included in the Company’s Current Report on Form 8-K filed on November 30, 2009.
The foregoing description of the Amendment does not purport to be complete and is qualified in its entirety by reference to the full text of the Amendment, a copy of which is attached as Exhibit 10.1 to this Current Report on Form 8-K and is incorporated herein by reference.
Item 9.01 | Financial Statements and Exhibits. |
(d) Exhibits.
The following exhibit is attached to this Current Report on Form 8-K:
Exhibit | Description | |
10.1 | First Amendment to 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.
Dated: February 1, 2010 | BETAWAVE CORPORATION By: /s/ Tabreez Verjee Name: Tabreez Verjee Title: President and Interim Chief Executive Officer |
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EXHIBIT INDEX
Exhibit | Description | |
10.1 | First Amendment to Amended and Restated Loan and Security Agreement | |
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