Attached files
| file | filename |
|---|---|
| EX-10.1 - FIRST AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT - Betawave Corp. | exhibit_101.htm |
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): January 26, 2010
BETAWAVE
CORPORATION
(Exact
name of registrant as specified in its charter)
|
Delaware
|
333-131651
|
20-2471683
|
|
(State
or other jurisdiction
|
(Commission
|
(I.R.S.
Employer
|
|
of
incorporation)
|
File
Number)
|
Identification
No.)
|
|
706
Mission Street, 10th Floor, San Francisco, California
|
94103
|
|
|
(Address
of principal executive offices)
|
(Zip
Code)
|
|
Registrant’s
telephone number, including area code: (415) 738-8706
Not
Applicable
(Former
name or former address, if changed since last report.)
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):
|
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
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Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))
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Item
1.01
|
Entry
into a Material Definitive
Agreement.
|
On
January 26, 2010, Betawave Corporation (the “Company”) and Silicon Valley Bank
(“SVB”) entered into a First Amendment to Amended and Restated Loan and Security
Agreement (the “Amendment”). The Amendment amended the Amended and Restated Loan
and Security Agreement, dated as of November 25, 2009 (the “A&R Loan
Agreement”), between the Company and SVB to, among other things, extend the
maturity date of the A&R Loan Agreement from January 31, 2010 to March 1,
2010. A description of the A&R Loan Agreement was previously
included in the Company’s Current Report on Form 8-K filed on November 30,
2009.
The
foregoing description of the Amendment does not purport to be complete and is
qualified in its entirety by reference to the full text of the Amendment, a copy
of which is attached as Exhibit 10.1 to this Current Report on Form 8-K and is
incorporated herein by reference.
|
Item
9.01
|
Financial
Statements and Exhibits.
|
(d) Exhibits.
The following exhibit is attached to
this Current Report on Form 8-K:
|
Exhibit
|
Description
|
|
|
10.1
|
First
Amendment to Amended and Restated Loan and Security
Agreement
|
2
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.
|
Dated: February
1, 2010
|
BETAWAVE
CORPORATION
By: /s/ Tabreez Verjee
Name:
Tabreez Verjee
Title:
President and Interim Chief Executive
Officer
|
3
EXHIBIT
INDEX
|
Exhibit
|
Description
|
|
|
10.1
|
First
Amendment to Amended and Restated Loan and Security
Agreement
|
|
4