Acutus Medical Inc.

11/15/2024 | Press release | Distributed by Public on 11/15/2024 15:19

Material Agreement Form 8 K

Item 1.01 Entry into a Material Definitive Agreement.

Amendment to Credit Agreement

On November 13, 2024, Acutus Medical, Inc. (the "Company") and Deerfield Partners, L.P. and Deerfield Private Design Fund III, L.P. (collectively, the "Lenders") entered into Amendment No. 4 to Amended and Restated Credit Agreement ("Amendment No. 4") to amend the Amended and Restated Credit Agreement, dated as of June 30, 2022 (as amended, restated, supplemented or otherwise modified from time to time, the "Credit Agreement"), among the Company, the Lenders from time to time party thereto and Wilmington Trust, National Association, as the Administrative Agent. Capitalized terms used but not otherwise defined herein shall have the meanings given to them in the Credit Agreement.

Pursuant to Amendment No. 4, the Credit Agreement was amended to (i) adjust the amortization schedule of the Credit Agreement such that the $7.5 million installment payment of principal due on June 30, 2025 would be made over three equal installments of $2.5 million on each of June 30, 2025, September 30, 2025 and December 31, 2025 and (ii) increase the exit fee associated with prepayment or repayment of the loans from 5.0% to 6.0% of the principal amount of the loans prepaid or repaid.

Except as amended by Amendment No. 4, the remaining terms of the Credit Agreement remain in full force and effect.

The foregoing description of Amendment No. 4 does not purport to be complete and is qualified in its entirety by reference to Amendment No. 4, a copy of which is filed as Exhibit 10.1 to this Current Report on Form 8-K and is incorporated by reference herein.

Material Relationships

Andrew ElBardissi, a member of the Board of Directors of the Company, is a partner in Deerfield Management Company, L.P., the investment manager of Deerfield Partners, L.P. and Deerfield Private Design Fund III, L.P., the Lenders under the Credit Agreement and principal stockholders of the Company. Further information regarding the material relationships between the Company, Mr. ElBardissi and the Lenders is set forth in "Certain Relationships and Related Party Transactions" in the Company's Definitive Proxy Statement on Schedule 14A for the Company's 2024 Annual Meeting of Stockholders, as filed with the U.S. Securities and Exchange Commission on April 25, 2024, and is incorporated into this Current Report on Form 8-K by reference.