Item 2.02 Results of Operations and Financial Condition.
On
The information in this Current Report on Form 8-K furnished pursuant to Item 2.02, including Exhibit 99.1, shall not be deemed to be "filed" for the purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the "Exchange Act"), or otherwise subject to liability under that section, and it shall not be deemed incorporated by reference in any filing under the Securities Act of 1933, as amended (the "Securities Act"), or the Exchange Act, except as shall be expressly set forth by specific reference in such filing.
Item 2.04. Triggering Events That Accelerate or Increase a Direct Financial Obligation or an Obligation Under an Off-Balance Sheet Arrangement.
On
The Default Notice indicates that the Company is in default under the 2017 Credit Agreement as a result of its:
? failure to immediately repay a loan overadvance that occurred onOctober 10, 2019 that has continued throughJanuary 6, 2020 ; ? failure to maintain a minimum liquidity of not less than$1,500,000 for the months endedOctober 31, 2019 andNovember 30, 2019 ; and ? failure to maintain a minimum fixed charge coverage ratio of not less than 1:10 to 1:00 for the months endedOctober 31, 2019 andNovember 30, 2019 .
The Default Notice indicated that although
The Company has commenced discussions with
Item 9.01 Financial Statements and Exhibits.
(d) Exhibits. Exhibit No. Description 99.1 Press Release datedJanuary 10, 2020
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