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EX-10.1 - US DATAWORKS INCv225715_ex10-1.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):  June 13, 2011 (June 7, 2011)
 
US DATAWORKS, INC.
 
(Exact name of registrant as specified in its charter)
 
Nevada
 
001-15835
 
84-1290152
         
(State or Other Jurisdiction of Incorporation)
 
(Commission File Number)
 
(I.R.S. Employer
Identification Number)

 
 
One Sugar Creek Blvd., 5th Floor
Sugar Land, Texas
 
 
77478
 
         
 
(Address of principal executive offices)
 
(Zip Code)
 

 
(281) 504-8000

(Registrant’s telephone number,
including area code)
 
N/A

(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 obligations 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
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 June 7, 2011, US Dataworks, Inc. (the “Company”) and Silicon Valley Bank (“SVB”) entered into that certain Third Amendment to Amended and Restated Loan and Security Agreement (the “Third Amendment”) pursuant to which SVB has agreed to (i) extend the maturity date of the asset-based accounts receivable line of credit to June 30, 2011 and (ii) amend Section 6.7(a) of the Loan Agreement to set the minimum EBITDA requirement for the three months ending May 31, 2011 to $100,000.  The foregoing description of the Third Amendment is qualified in its entirety by reference to the Third Amendment, a copy of which is attached to this Current Report as an exhibit and incorporated herein by reference.

Item 9.01.
 
Financial Statements and Exhibits
 
(a)  
 Exhibits
 
10. 1           Third Amendment to Amended and Restated Loan and Security Agreement by and between US Dataworks, Inc. and Silicon Valley Bank dated June 7, 2011.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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SIGNATURE
 
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: June 13, 2011
   
 
US DATAWORKS, INC.
     
     
     
 
By:
/s/ Charles E. Ramey
   
Charles E. Ramey
   
Chief Executive Officer
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
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EXHIBIT INDEX


 
Exhibit No.
Description
     
 
10. 1
Third Amendment to Amended and Restated Loan and Security Agreement by and between US Dataworks, Inc. and Silicon Valley Bank dated June 7, 2011.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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