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): April 30, 2009
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
On April 30, 2009, Zynex, Inc. and Zynex Medical, Inc. entered into the Amendment No. 2 to Loan and Security Agreement, effective as of April 8, 2009 with Marquette Healthcare Finance. The Amendment No. 2 sets forth in the form of an amendment to the existing Loan and Security Agreement with Marquette the matters stated in the prior letter agreement between the parties as described in the Current Report on Form 8-K filed with the Commission on April 8, 2009. These matters are waivers regarding the EBITDA covenant as of December 31, 2008 and March 31, 2008, the debt service coverage ratio as of December 31, 2008 and a breach of a representation or warranty concerning the accuracy of unaudited financial statements for the first three quarters of 2008, which were restated. As stated in the prior letter agreement, the Amendment No. 2 also revises the margin applied to the applicable interest rates and the monthly collateral monitoring fee.
Item 9.01. Financial Statements and Exhibits
The following exhibit accompanies this Report:
| Exhibit No. | Document |
| | |
| 10.1 | Amendment No. 2 to Loan and Security Agreement, effective as of April 8, 2009, between Marquette Healthcare Finance and the Company. |
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: May 6, 2009 | By: | /s/ Fritz Allison | |
| | | Fritz Allison Chief Financial Officer | |
| | | | |
| | | | |
Exhibit Index
| Exhibit No. | Document |
| | |
| 10.1 | Amendment No. 2 to Loan and Security Agreement, effective as of April 8, 2009, between Marquette Healthcare Finance and the Company. |
