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EX-10.1 - EXHIBIT 10.1 THIRD AMENDMENT TO LOAN DOCUMENTS - Apyx Medical Corpthirdamendment.htm
EX-10.2 - EXHIBIT 10.2 SECOND AMENDMENT TO LOAN DOCUMENTS - Apyx Medical Corpsecondamend.htm
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Washington, DC 20549
______________________
 
FORM 8-K
 
CURRENT REPORT PURSUANT
TO SECTION 13 OR 15(D) OF THE
SECURITIES EXCHANGE ACT OF 1934
 
October 24, 2012
Date of Report (Date of earliest event reported)
 
BOVIE MEDICAL CORPORATION
(Exact name of registrant as specified in its Charter)
 
 
 
Delaware
 
012183
 
11-2644611
(State or other jurisdiction
 of incorporation)
 
(Commission File Number)
 
(IRS Employer Identification No.)
 
734 Walt Whitman Road, Melville, New York 11747
(Address of principal executive offices) (Zip Code)
 
(631) 421-5452
Registrant's telephone number, including area code
 
 
(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):
 
o
Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
   
o
Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
   
o
Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
   
o
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
 
On October 24, 2012, Bovie Medical Corporation (the “Borrower”) entered into a certain Third Amendment to Loan Documents (the “Amendment to Loan Documents”) and a certain Second Amendment to Credit Documents (the “Amendment to Credit Documents”) with PNC Bank, National Association (the “Bank”).  Pursuant to the Amendment to Loan Documents, among other things: (i) the expiration date in that certain Revolving Loan Agreement, dated October 31, 2011, between the Borrower and the Bank, and that certain Revolving Line of Credit Note, dated October 31, 2011, between the Borrower and the Bank, is extended to October 31, 2014, (ii) the expiration date in that certain Equipment Loan Agreement, dated October 31, 2011, between the Borrower and the Bank, and that certain Non-Revolving Equipment Note, dated October 31, 2011, between the Borrower and the Bank, is extended to October 31, 2013, and (iii) the Borrower must maintain a Fixed Charge Coverage Ratio (as defined in the Addendums to Credit Agreement, dated October 31, 2011, between the Borrower and the Bank), on a rolling four quarters basis of at least 1.25:1.00, commencing with the fiscal quarter ending September 30, 2012.  Pursuant to the Amendment to Loan Documents, among other things, the Borrower must maintain a Fixed Charge Coverage Ratio, on a rolling four quarters basis of at least 1.25:1.00, commencing with the fiscal quarter ending September 30, 2012.
 
Item 9.01.                      Financial Statements and Exhibits
 
(d) Exhibits.
 
10.1     
Third Amendment to Loan Documents, dated October 18, 2012, between the Borrower and the Bank
 
10.2
Second Amendment to Credit Documents, dated October 18, 2012, between the Borrower and the Bank

 
 
 
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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.
 
 
Date: October 26, 2012
 
BOVIE MEDICAL CORPORATION
 
       
   
By:    /s/  Andrew Makrides
 
   
               Andrew Makrides
 
   
   Chief Executive Officer and
   Chairman of the Board
 
 
 
 

 
 
 
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