Current Report Filing (8-k)
December 15 2022 - 08:08AM
Edgar (US Regulatory)
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2022-12-13 iso4217:USD xbrli:shares iso4217:USD xbrli:shares
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):
December 13, 2022
AZIYO BIOLOGICS, INC.
(Exact name of registrant as specified in its charter)
Delaware |
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001-39577 |
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47-4790334 |
(State or other jurisdiction
of incorporation)
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(Commission
File Number)
|
|
(I.R.S. Employer
Identification No.)
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12510 Prosperity Drive,
Suite 370
Silver Spring,
MD
20904
(Address of principal executive offices) (Zip Code)
(240)
247-1170
(Registrant’s telephone number, include 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 obligation of the
registrant under any of the following provisions:
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¨ |
Written communications
pursuant to Rule 425 under the Securities Act (17 CFR
230.425) |
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¨ |
Soliciting material
pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12) |
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¨ |
Pre-commencement
communications pursuant to Rule 14d-2(b) under the
Exchange Act (17 CFR 240.14d-2(b)) |
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¨ |
Pre-commencement
communications pursuant to Rule 13e-4(c) under the
Exchange Act (17 CFR 240.13e-4(c)) |
Securities registered pursuant to Section 12(b) of the
Act:
Title of
each class |
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Trading
Symbols |
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Name of
each exchange on which
registered |
Class A Common Stock, $0.001 par value per share |
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AZYO |
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The
Nasdaq Capital Market |
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
x
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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Item 2.03. |
Creation of a Direct Financial
Obligation or an Obligation under an Off-Balance Sheet Arrangement
of a Registrant. |
On December 13, 2022, Aziyo Biologics, Inc. (the “Company”) elected
to draw the additional term loan of $4.0 million (the “Subsequent
Term Loan”) under its previously disclosed Credit Agreement, dated
as of August 10, 2022 (as amended, restated, supplemented, or
otherwise modified prior to the date hereof, the “Credit
Agreement”), by and among the Company, as the Borrower, and its
subsidiaries, as the other loan parties, the financial institutions
party thereto from time to time as lenders, and SWK Funding LLC, as
administrative agent and collateral agent for all lenders.
Following the funding of the Subsequent Term Loan, as of the date
hereof, the Company had borrowings under the Credit Agreement of
$25.0 million, consisting of an initial term loan of $21.0 million,
which was funded on August 10, 2022, and the $4.0 million of the
Subsequent Term Loan, plus approximately $0.3 million in additional
outstanding principal balance from the accrued interest on the
initial term loan which the Company elected to be “paid in kind” in
accordance with the terms of the Credit Agreement.
The material terms of the Credit Agreement are described under Item
1.01 of the Company’s Current Report on Form 8-K filed with
the Securities and Exchange Commission (the “SEC”) on August 15,
2022, Item 1.01 of the Company’s Current Report on Form 8-K filed with
the SEC on November 28, 2022, and Item 1.01 of the Company’s
Current Report on Form 8-K filed with
the SEC on December 5, 2022, and incorporated by reference
herein.
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.
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AZIYO BIOLOGICS, INC.
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Date:
December 15, 2022 |
By: |
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/s/ Matthew Ferguson |
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Matthew
Ferguson |
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Chief
Financial Officer |
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