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EX-99.1 - SECOND AMENDMENT TO THE LOAN AND SECURITY AGREEMENT - ZCO LIQUIDATING Corp | v184471_ex99-1.htm |
Washington,
D.C. 20549
FORM
8-K
CURRENT
REPORT
PURSUANT
TO SECTION 13 OR 15(D) OF THE
SECURITIES
EXCHANGE ACT OF 1934
May
10, 2010
Date
of Report (Date of earliest event reported)
OCZ
TECHNOLOGY GROUP, INC.
(Exact
Name of Registrant as Specified in Charter)
Delaware
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000-53633
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04-3651093
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||
(State
or other jurisdiction
of
incorporation)
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(Commission
File Number)
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(IRS
Employer
Identification
Number)
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6373
San Ignacio Avenue, San Jose, CA
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95119
|
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(Address
of principal executive offices)
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(Zip
Code)
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6373
San Ignacio Avenue, San Jose, CA 95119
(Mailing
Address)
(408)
733-8400
(Registrant’s
telephone number, including 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 (see General Instruction A.2. below).
¨
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Written
communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
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¨
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Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
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¨
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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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¨
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Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))
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On May
10, 2010, OCZ Technology Group, Inc. (“OCZ”) and Silicon Valley Bank (“SBV”)
entered into the Second Amendment to the Loan and Security Agreement
(“Amendment”) to amend certain provisions to the Loan and Security Agreement,
dated July 6, 2009 (the “Loan Agreement”). Under the Loan Agreement,
OCZ’s obligations outstanding under the Loan Agreement and a factoring facility
agreement with Faunus Group International, Inc. (“Factoring Facility”) cannot
exceed $14 million in the aggregate. Pursuant to the Amendment, the amount of
obligations outstanding under the Loan Agreement and Factoring Facility was
increased to $17.5 million.
The foregoing description is qualified
in its entirety by reference to the Second Amendment to the Loan and Security
Agreement, which is filed as Exhibit 99.1 to this Current Report on Form 8-K and
incorporated herein by reference.
Item 9.01
Financial Statements and Exhibits.
(a) Exhibits.
The
exhibits are furnished pursuant to Item 1.01 and shall not be deemed to be
“filed.”
Exhibit
No.
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Document
Description
|
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99.1
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Second
Amendment to the Loan and Security Agreement, dated May 10,
2010
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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 thereunto
duly authorized.
OCZ
TECHNOLOGY GROUP, INC.
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By:
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/s/
Kerry T. Smith
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Kerry
T. Smith
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||
Chief
Financial Officer
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Date: May
11, 2010
EXHIBIT
INDEX
Exhibit
No.
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Document
Description
|
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99.1
|
Second
Amendment to the Loan and Security Agreement, dated May 10,
2010
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