20181031 8K re Credit Agmt

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): October 26, 2018

_______________________

CRYOLIFE, INC. 

(Exact name of registrant as specified in its charter)
_________________________ 

 

Florida

1-13165

59-2417093

(State or Other Jurisdiction
of Incorporation)

(Commission File Number)

(IRS Employer

Identification No.)

 

1655 Roberts Boulevard, N.W., Kennesaw, Georgia  30144
(Address of principal executive office) (zip code)

Registrant's telephone number, including area code: (770) 419-3355

_____________________________________________________________

(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):

 

  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))

Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).

Emerging growth company  

If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act.  

 

 


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Section 1Registrant’s Business and Operations

Item 1.01Entry into a Material Definitive Agreement

On October 26, 2018, CryoLife, Inc. (“CryoLife”) entered into the first amendment (the “Amendment”) to its Credit and Guaranty Agreement (the “Credit Agreement”) originally entered into on December 1, 2017 among CryoLife, as borrower, CryoLife International, Inc., On-X Life Technologies Holdings, Inc.,  On-X Life Technologies, Inc., and AuraZyme Pharmaceuticals, Inc., as guarantor subsidiaries, the financial institutions party thereto from time to time as lenders, and Deutsche Bank AG New York Branch, as administrative agent and collateral agent. 

The Amendment, which contains customary representations and warranties,  provides that on and after October 26, 2018, the effective date of the Amendment, the interest rates contained in the Credit Agreement will be revised to a floating annual rate equal to either LIBOR plus a margin of 3.25% or the base rate plus a margin of 2.25%.  Prior to the effective date of the Amendment, the interest rates contained in the Credit Agreement were set at a floating annual rate equal to either LIBOR plus a margin of 4.00% or the base rate plus a margin of 3.00%. 

The description of the Amendment contained herein does not purport to be complete and is qualified in its entirety by reference to the text of the Amendment, which is attached hereto as Exhibit 10.1 and is incorporated herein by reference.

Section 9Financial Statements and Exhibits

Item 9.01(d) Exhibits



 

Exhibit No.

Description

10.1

First Amendment to Credit and Guaranty Agreement, dated as of October 26, 2018, by and among CryoLife, Inc., CryoLife International, Inc., On-X Life Technologies Holdings, Inc., On-X Life Technologies, Inc., AuraZyme Pharmaceuticals, Inc., the financial institutions party thereto from time to time as lenders, and Deutsche Bank AG New York Branch, as administrative agent and collateral agent.



















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SIGNATURES 


Pursuant to the requirements of the Securities Exchange Act of 1934, CryoLife, Inc. has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 

 

   

 

 



CRYOLIFE, INC.



 



 

Date:  October 31, 2018

By:

/s/ D. Ashley Lee



Name:

D. Ashley Lee



Title:

Executive Vice President, Chief    Operating Officer and Chief Financial Officer





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