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): December 16, 2016
Zynex, Inc.
(Exact name of Registrant as specified in its charter)
| Nevada | 33-26787-D | 90-0275169 |
(State or other jurisdiction of incorporation) | (Commission File Number) | (I.R.S. Employer Identification No.) |
9990 Park Meadows Drive Lone Tree, Colorado | 80124 |
| (Address of principal executive offices) | (Zip Code) |
Registrant’s telephone number, including area code:(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:
| 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 |
Effective December 16, 2016, Zynex, Inc. (the “Company”) entered into Amendment No. 8 to Forbearance Agreement (the “Amendment”) with its senior secured lender TBK Bank, SSB (the “Lender”). The Amendment amends that certain Forbearance Agreement dated December 17, 2014 (as amended) between the Company and Lender to extend the date of forbearance period to March 31, 2017. In addition, the Amendment provides an escalating refinance fee to be paid to the Lender in connection with any future refinance of the Company’s current debt facility with the Lender. The foregoing is qualified in its entirety by the Amendment which is filed herewith as Exhibit 10.1.
| Item 9.01 | Financial Statements and Exhibits |
(d) Exhibits
Exhibits
No. | | Description |
| | | |
| 10.1 | | Amendment No. 8 to Forbearance Agreement dated December 16, 2016 |
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. |
| | | | |
| Date: | January 11, 2017 | By: | /s/ Thomas Sandgaard |
| | | | Thomas Sandgaard |
| | | | Chairman, President, Chief Executive Officer, Principal Executive Officer, Chief Financial Officer and Principal Financial Officer |
