Current Report Filing (8-k)
November 15 2018 - 7:14AM
Edgar (US Regulatory)
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
Date of report (Date of earliest event reported)
|
November 14, 2018
|
|
Hudson
Technologies, Inc.
|
(Exact Name of Registrant as Specified in Charter)
|
|
New York
|
(State or Other Jurisdiction of Incorporation)
|
|
1-13412
|
13-3641539
|
(Commission File Number)
|
(IRS Employer Identification No.)
|
|
PO Box
1541, 1 Blue Hill Plaza, Pearl River, New York
|
10965
|
(Address of Principal Executive Offices)
|
(Zip Code)
|
|
(845)
735-6000
|
(Registrant's Telephone Number, Including Area Code)
|
|
Not Applicable
|
(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))
|
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
o
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.
o
|
Item 2.03
|
Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant
|
On November 14, 2018, Hudson Technologies
Company (“HTC”), an indirect subsidiary of Hudson Technologies, Inc. (the “Company”), and HTC’s affiliates
Hudson Holdings, Inc. and Aspen Refrigerants, Inc. (formerly known as Airgas-Refrigerants, Inc.), as borrowers (collectively, the
“Borrowers”), and the Company as a guarantor, entered into an Extension Letter (the “Second Extension Letter”)
with U.S. Bank National Association, as collateral agent and administrative agent, and the various lenders thereunder (the “Lenders”).
As previously reported, on August 14, 2018,
the Borrowers, and the Company as a guarantor, entered into a Waiver and Second Amendment to Term Loan Credit and Security Agreement
(the “Second Amendment”) with U.S. Bank National Association, as collateral agent and administrative agent, and the
various lenders thereunder. The Second Amendment superseded interim waivers and amended the Term Loan Credit and Security Agreement
dated October 10, 2017 (the “Term Loan Agreement”) to waive compliance with the existing total leverage ratio financial
covenant at June 30, 2018, as previously amended. The Second Amendment also provided that on October 15, 2018, the Company and
the Borrowers were required to provide a certificate setting forth the total leverage ratio as of the four fiscal quarter period
ending September 30, 2018 and the failure to maintain, as of the end of such four fiscal quarter period, the total leverage ratio
required under the Term Loan Agreement, or deliver the aforementioned certificate would, in each case, constitute an immediate
event of default under the Term Loan Agreement. On October 15, 2018, the Borrowers, the Company and the Lenders entered into an
Extension Letter which extended the delivery deadline of the above referenced compliance certificate to November 14, 2018. The
Second Extension Letter further extends the delivery deadline of the above referenced compliance certificate to November 21, 2018.
The description of the Second Extension
Letter does not purport to be complete and is qualified in its entirety by reference to the full text of the Second Extension Letter
which is filed as Exhibit 10.1 to this Report.
The Company issued a press release with
respect to the foregoing matters, a copy of which is filed as Exhibit 99.1 to this Report.
|
Item 9.01
|
Financial Statements and Exhibits
|
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: November 15, 2018
|
HUDSON TECHNOLOGIES, INC.
|
|
|
|
|
|
|
|
|
|
By:
|
/s/ Stephen P. Mandracchia
|
|
|
Name: Stephen P. Mandracchia
|
|
Title: Vice President Legal & Regulatory
|
Hudson Technologies (NASDAQ:HDSN)
Historical Stock Chart
From Aug 2024 to Sep 2024
Hudson Technologies (NASDAQ:HDSN)
Historical Stock Chart
From Sep 2023 to Sep 2024