Item 1.01 Entry into a Material Definitive Agreement
Amendment to DIP Credit Agreement and Receivables Securitization Facility
As previously reported, on November 14, 2019, the Company entered into the
Senior Secured Superpriority Debtor-in-Possession Credit Agreement (the "DIP
Credit Agreement"), among the Company, as borrower, the lenders from time to
time party thereto (the "DIP Lenders") and Coöperatieve Rabobank U.A., New York
Branch, as administrative agent and collateral agent for the DIP Lenders. On
February 10, 2020, the Company entered into the first amendment to the DIP
Credit Agreement (the "First Amendment") to extend several of the milestone
dates set forth in the DIP Credit Agreement, including extending from February
10, 2020 to February 24, 2020 the date by which the Company must elect whether
it intends to pursue a sale of its assets under Section 363 of Title 11 of the
U.S. Code or a plan of reorganization, and if it elects a sale to file a motion
seeking approval thereof. On February 10, 2020, the Company also entered into an
amendment (the "Securitization Amendment") to the definitive agreement governing
its receivables securitization facility (the "Securitization Facility"), whereby
the financing providers under the Securitization Facility agreed to give effect
to the First Amendment for purposes of the Company's compliance with the
covenants under the Securitization Facility.
The foregoing descriptions are only a summary of the First Amendment and the
Securitization Amendment and are qualified in their entirety by reference to the
full text of the First Amendment and the Securitization Amendment, which are
filed as Exhibit 10.1 and Exhibit 10.2, respectively, and are incorporated by
reference herein.
Item 9.01 Financial Statements and Exhibits.
(d) Exhibits
10.1 First Amendment to Senior Secured Superpriority Debtor-In-Possession
Credit Agreement
10.2 Amendment No. 2 to Ninth Amended and Restated Receivables Purchase
Agreement
104 Cover Page Interactive Data File included as Exhibit 101 (embedded within the
Inline XBRL document)
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