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Point.360 8-K 2010 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
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:
Item
1.02. TERMINATION OF A MATERIAL DEFINITIVE AGREEMENT.
On
January 29, 2010, Point.360 (the “Company”) and Bank of America, N.A. (the
“Bank”) agreed to terminate the Amended and Restated Standard Loan Agreement
dated August 25, 2009 (the “Agreement”). The Agreement provided until
October 31, 2010 up to $5 million of revolving credit based on eligible accounts
receivable, which amount was reduced to $1 million and $0.5 million pursuant to
November 12, 2009 and January 29, 2010 forbearance Agreements (the
“Forbearances”) between the Company and Bank.
The
reduction of credit availability pursuant to the Forbearances was due to the
Company’s failure to meet minimum fixed charge ratio covenant requirements as of
September 30 and December 31, 2009. The termination reflects the
Company’s desire to avoid the continuing costs associated with the
Agreement that has solely been used for a $0.5 million standby
letter of credit. The $0.5 million standby letter of credit created pursuant to
the Agreement must be replaced or fully collateralized by cash by March 31,
2010.
Item
9.01. FINANCIAL STATEMENTS AND EXHIBITS.
SIGNATURE
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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