04/06/2026 | Press release | Distributed by Public on 04/06/2026 09:39
Item 1.01 Entry into a Material Definitive Agreement.
In connection with the Mergers, on April 6, 2026, the Company entered into the Second Supplemental Indenture (the "Second Supplemental Indenture"), between the Company and Wilmington Trust, National Association, as trustee (the "Trustee"), to the Indenture, dated as of October 3, 2023, between the Company and the Trustee (as amended and supplemented by the First Supplemental Indenture, dated as of October 3, 2023, the "Base Indenture"), under which the Company issued $30.0 million aggregate principal amount of its 9.00% Senior Notes due 2027 (the "2027 Notes"). The Second Supplemental Indenture amended the Base Indenture to, among other things, add certain restrictive covenants and an additional event of default to comply with applicable requirements under the Investment Company Act of 1940, as amended, in connection with the acquisition of the Company by RWAY.
The foregoing summary does not purport to be complete and is qualified in its entirety by reference to the Base Indenture, First Supplemental Indenture, Second Supplemental Indenture and 2027 Notes, a copy of each of which is filed herewith as Exhibits 4.1, 4.2, 4.3 and 4.4, respectively, and is incorporated herein by reference.
Item 1.02 Termination of a Material Definitive Agreement.
First Horizon Bank Credit Facility
In connection with the consummation of the Mergers, on April 6, 2026, the Company and its subsidiaries terminated all outstanding lender commitments, under that certain Credit Agreement, dated June 28, 2023, by and among the Company, SWK Funding LLC, a Delaware limited liability company and First Horizon Bank (as amended, modified or otherwise supplemented from time to time, the "Credit Agreement"). In connection with the termination of the Credit Agreement, on April 6, 2026, all outstanding obligations for principal, interest and fees under the Credit Agreement were paid off in full, and all liens securing such obligations permitted by the Credit Agreement to be secured by such liens and guarantees of such obligations were released.