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): November 20, 2008
Zynex, Inc.
(Exact name of Registrant as specified in its charter)
| Nevada | 33-26787-D | 90-0275169 |
| (State or other | (Commission | (I.R.S. Employer |
| Jurisdiction | File Number) | Identification No.) |
| of incorporation) | | |
| 8022 Southpark Circle, Suite 100, Littleton, CO | 80120 |
| (Address of principal executive offices) | (Zip Code) |
| | |
Registrant’s telephone number: (303) 703-4906
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):
[ ] Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
[ ] Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
| [ ] | Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR240.14d-2(b)) |
| [ ] | Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR240.13e-4(c)) |
Item 1.01. Entry into a Material Definitive Agreement
Item 8.01. Other Events
Zynex, Inc. has obtained a waiver of a financial covenant in its line of credit with Marquette Healthcare Finance. The covenant was not satisfied as of September 30, 2008 because of a previously disclosed claim and settlement of it. In the waiver, Marquette stated that it will not take action on the financial covenant default for the quarter ending on that date.
Marquette also stated in the letter that it will re-set the covenant for upcoming quarters to reflect the impact of the settlement on projected revenues for the remainder of 2008 and future years. In addition, Marquette and Zynex amended the interest rate under the line of credit from a floating prime rate plus 2.5% to the higher of (a) a floating prime rate plus 2.5% or (b) the floating LIBOR rate plus 4.5%.
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.
| | Zynex, Inc. (Registrant) | |
| | | | |
| Date: November 24, 2008 | By: | /s/ Fritz Allison | |
| | | Fritz Allison Chief Financial Officer | |
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