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EX-10.1 - EXHIBIT 10.1 - ADVANCED PHOTONIX INCa50791431_ex101.htm
EX-10.2 - EXHIBIT 10.2 - ADVANCED PHOTONIX INCa50791431_ex102.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 22, 2014 
 
 
Advanced Photonix, Inc.
(Exact Name of Registrant as specified in its Charter)
 
 
Delaware 1-11056   33-0325826
(State or other jurisdiction
of incorporation)
 (Commission
File Number)
(IRS Employer
Identification No.)
                                                          
 
2925 Boardwalk, Ann Arbor, Michigan  48104
(Address of principal executive offices)  (Zip Code)
 
 
Registrant's telephone number, including area code: (734) 864-5600
 


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.
 
Fourth Amendment to Loan and Security Agreement with Silicon Valley Bank
 
On January 22, 2014, Advanced Photonix, Inc. (the “Company”), its wholly-owned subsidiary Picometrix, LLC (“Picometrix”), and Advanced Photonix Canada, Inc. (“APC”) (each a “Borrower” and, collectively the “Borrowers”) and Silicon Valley Bank (“SVB” or “Lender”) executed a Fourth Amendment (the “Loan Amendment") to the Loan and Security Agreement dated January 31, 2012 (as amended, the “Loan Agreement”) by and among the Borrowers and SVB.
 
The Loan Amendment changes the Revolving Maturity Date from the second anniversary of the Loan Agreement to March 31, 2014.  This has the effect of extending the maturity date of the Company’s revolving line of credit from January 31, 2014 to March 31, 2014.  All other terms and conditions of the Loan Agreement remain the same.
 
Third Amendment to Loan and Security Agreement (Ex-IM Loan Facility) with Silicon Valley Bank
 
On January 22, 2014, SVB and the Borrowers executed a Third Amendment (the “Ex-IM Amendment") to the Loan and Security Agreement (Ex-IM Loan Facility) dated January 31, 2012 (as amended, the “Ex-IM Loan Agreement”) by and among the Borrowers and SVB.
 
The Ex-Im Amendment changes the Revolving Maturity Date from the second anniversary of the Ex-IM Loan Agreement to March 31, 2014 and includes APC as a borrower.  This has the effect of extending the maturity date of the Company’s revolving line of credit from January 31, 2014 to March 31, 2014.  All other terms and conditions of the Ex-IM Loan Agreement remain the same.
 
The preceding descriptions of the Loan Amendment and Ex-IM Amendment are qualified in their entirety by reference to the copies of the Loan Amendment and Ex-IM Amendment filed herewith as Exhibits 10.1 and 10.2 to this Current Report on Form 8-K, which are incorporated herein by reference.
 
Item 9.01.  Financial Statements and Exhibits.
 
(d)  Exhibits
 
Exhibit
Number
 
Exhibit
     
10.1
 
Fourth Amendment to Loan and Security Agreement by and among Silicon Valley Bank, Advanced Photonix, Inc., Picometrix, LLC, and Advanced Photonix Canada, Inc.
     
10.2
 
Third Amendment to Loan and Security Agreement (Ex-IM Loan Facility) by and among Silicon Valley Bank, Advanced Photonix, Inc., Picometrix, LLC, and Advanced Photonix Canada, Inc.
 
 
 

 
 
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.
 
 
  ADVANCED PHOTONIX, INC.
       
       
 
By:
/s/ Jeff Anderson
 
   
Jeff Anderson, Chief Financial Officer
Dated: January 27, 2014
 
 
 
 
 
 

 
                                                                
EXHIBIT INDEX
 
Exhibit
Number
 
Exhibit
     
10.1
 
Fourth Amendment to Loan and Security Agreement by and among Silicon Valley Bank, Advanced Photonix, Inc., Picometrix, LLC, and Advanced Photonix Canada, Inc.
     
10.2
 
Third Amendment to Loan and Security Agreement (Ex-IM Loan Facility) by and among Silicon Valley Bank, Advanced Photonix, Inc., Picometrix, LLC, and Advanced Photonix Canada, Inc.