Attached files
| file | filename |
|---|---|
| EX-99.1 - EXHIBIT 99.1 - PhenixFIN Corp | v324653_ex99-1.htm |
| EX-10.1 - EXHIBIT 10.1 - PhenixFIN Corp | v324653_ex10-1.htm |
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, DC 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): September 25, 2012 |
Medley capital corporation
(Exact name of registrant as specified in its charter)
| Delaware | 1-35040 | 27-4576073 |
| (State or other jurisdiction of | (Commission File Number) | (I.R.S. Employer |
| incorporation) | Identification No.) |
|
375 Park Avenue, 33rd Floor New York, NY 10152 |
| (Address of principal executive offices)(Zip Code) |
| Registrant’s telephone number, including area code: (212) 759-0777 |
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:
| 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)) |
| ITEM 1.01. | Entry into a Material Definitive Agreement. |
Additional Commitment for Revolving Facility
On September 25, 2012, Medley Capital Corporation (the “Company”) entered into an Incremental Assumption Agreement (“Incremental Assumption Agreement”) with MOF I BDC LLC, as subsidiary guarantor, ING Capital LLC, as administrative agent (the “Administrative Agent”), and Stamford First Bank, a Division of the Bank of New Canaan, as assuming lender (“Stamford”), whereby Stamford agreed to provide a commitment of $5 million, pursuant to the Senior Secured Revolving Credit Agreement, dated as of August 4, 2011 (the “Credit Agreement”), among the Company, the Administrative Agent and certain lenders party thereto from time to time, as amended by Amendment No.1 thereto, dated as of August 31, 2012 (“Amendment No. 1”). A copy of the Incremental Assumption Agreement is attached hereto as Exhibit 10.1 and is incorporated by reference herein. The Credit Agreement was previously filed as Exhibit 10.1 to the Company’s Current Report on Form 8-K filed on August 9, 2011 and Amendment No. 1 was previously filed as Exhibit 10.1 to the Company’s Current Report on Form 8-K filed on September 6, 2012.
On September 26, 2012, the Company also issued a press release regarding the commitment, which is attached hereto as Exhibit 99.1, and incorporated by reference herein.
| ITEM 9.01. | Financial Statements and Exhibits. |
(d) Exhibits.
| Exhibit No. | Description |
| 10.1 | Incremental Assumption Agreement, dated as of September 25, 2012, among Medley Capital Corporation, as Borrower, MOF I BDC LLC, as Subsidiary Guarantor, ING Capital LLC, as Administrative Agent, and Stamford First Bank, a Division of the Bank of New Canaan, as Assuming Lender |
| 99.1 | Press Release, dated September 26, 2012 |
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.
| MEDLEY CAPITAL CORPORATION | ||||
| Date: September 26, 2012 |
/s/ Richard T. Allorto, Jr. |
|||
| Name: Richard T. Allorto, Jr. | ||||
| Title: Chief Financial Officer | ||||
EXHIBIT INDEX
| Exhibit No. | Description |
| 10.1 | Incremental Assumption Agreement, dated as of September 25, 2012, among Medley Capital Corporation, as Borrower, MOF I BDC LLC, as Subsidiary Guarantor, ING Capital LLC, as Administrative Agent, and Stamford First Bank, a Division of the Bank of New Canaan, as Assuming Lender |
| 99.1 | Press Release, dated September 26, 2012 |