Attached files
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EX-99.1 - EXHIBIT 99.1 - nFinanSe Inc. | exhibit_99-1.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):
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June
25, 2010
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NFINANSE
INC.
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(Exact
name of registrant specified in its charter)
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Nevada
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000-33389
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65-1071956
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(State
or other jurisdiction of incorporation)
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(Commission
File Number)
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(I.R.S.
Employer Identification No.)
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3923
Coconut Palm Drive, Suite 107,
Tampa,
Florida
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33619
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(Address
of principal executive offices)
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(Zip
Code)
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Registrant’s
telephone, including area code:
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(813)
367-4400
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Not
applicable.
|
|
(Former
name and 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):
□ 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 CFR
240.14d-2(b))
□ 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.
As previously disclosed by nFinanSe
Inc. in its Current Report on Form 8-K filed on December 3, 2008, on November
26, 2008, nFinanSe Inc. and its wholly owned subsidiary, nFinanSe Payments Inc.
(collectively, the “Company”), entered into an Amended and Restated Loan and
Security Agreement, as amended on February 3, 2009 (the “Amended and Restated
Loan Agreement”), with Ballyshannon Partners, L.P., Ballyshannon Family
Partnership, L.P., Midsummer Investment Ltd., Porter Partners, L.P., and Trellus
Partners, L.P. (collectively, the “Lenders”). The Amended and
Restated Loan Agreement modified certain terms of the Loan and Security
Agreement, dated as of June 10, 2008, by and among the Company and the Lenders,
by establishing a sub-commitment of $3,400,000, pursuant to which certain of the
Lenders, in their respective sole discretion, could advance funds that may be
used by the Company for working capital expenditures, working capital needs and
other general corporate purposes of the Company.
On May 26, 2010, the Company entered
into that certain Second Amendment to Amended and Restated Loan and Security
Agreement (the “Second Amendment”) with the Lenders. The Second
Amendment amends the Amended and Restated Loan Agreement such that the Maturity
Date (as such term is defined in the Amended and Restated Loan Agreement) of the
notes issued pursuant to the Amended and Restated Loan Agreement is June 25,
2010.
On June
25, 2010, the Company entered into that certain Third Amendment to Amended and
Restated Loan and Security Agreement (the “Third Amendment”) with the
Lenders. The Third Amendment amends the Amended and Restated Loan
Agreement such that the Maturity Date (as such term is defined in the Amended
and Restated Loan Agreement) of the notes issued pursuant to the Amended and
Restated Loan Agreement is July 26, 2010.
The foregoing is a summary description
of certain terms of the Third Amendment. A copy of the Third
Amendment is attached as Exhibit 99.1 and is incorporated herein by
reference. You are encouraged to read the entire text of Exhibit 99.1
attached hereto.
Item
9.01. Financial Statements and Exhibits.
(d) Exhibits.
Exhibit
Number
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Description
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99.1
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Third
Amendment to Amended and Restated Loan and Security
Agreement
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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.
NFINANSE
INC.
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Date:
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June
25, 2010
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By:
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/s/ JERRY R. WELCH
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Name: Jerry
R. Welch
Title: Chief
Executive Officer
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