North American Scientific Announces Extension of Loan Agreements to February 1, 2008
22 December 2007 - 9:05AM
Business Wire
North American Scientific, Inc. (Nasdaq:NASI) today announced that
on December 18, 2007, North American Scientific, Inc., a Delaware
corporation, and its wholly-owned subsidiary, North American
Scientific, Inc., a California corporation (collectively, the
�Company�), entered into an Eighth Amendment and Forbearance to the
Loan and Security Agreement with Silicon Valley Bank (the �Bank�).
The amendment includes: (i) an extension of the maturity date of
the loan agreement to the earlier of February 1, 2008 or the date
the Company completes its private placement, which is described in
the Company�s Current Report on Form 8-K, filed with the Securities
and Exchange Commission on December 13, 2007, (ii) a forbearance by
the Bank from exercising its rights and remedies against the
Company, until such time as the Bank determines in its discretion
to cease such forbearance, due to the defaults under the Loan
Agreement resulting from the Company failing to comply with the
tangible net worth covenant in the Loan Agreement as of July 31,
2007, August 31, 2007, September 30, 2007 and October 31, 2007 and
(iii) a consent from the Bank to allow the Company to repay its
outstanding loan from Mr. John A. Friede in the amount of $250,000.
In connection with the amendment to the loan agreement with the
Bank, the Company granted a warrant to the Bank to purchase that
number of shares of the Company�s Common Stock as shall be equal to
$50,000 divided by the warrant price, which is equal to the lower
of (i) the closing price of the Company�s common stock on the date
the Company�s Board of Directors approves the issuance of this
warrant or (ii) the closing price of the Company�s common stock on
date the warrant is issued, subject�to adjustment as provided in
such warrant. The warrant will expire in five years unless
previously exercised. On December 20, 2007, the Company executed a
Third Amendment to the Loan Agreement with Agility Capital, LLC
(�Agility�). The amendment includes (i) an extension of the
maturity date of the loan agreement to February 1, 2008, (ii) a
loan modification and extension fee of $20,000, paid by the Company
upon the execution of the amendment, and (iii) a consent from
Agility to allow the Company to repay its outstanding loan from Mr.
John A. Friede in the amount of $250,000. In connection with the
amendment to the loan agreement with Agility, the Company granted a
warrant to Agility to purchase that number of shares of the
Company�s Common Stock as shall be equal to $200,000 divided by the
warrant price, which is equal to the lowest of (i) the closing
price of Company�s Common Stock the day before the issue date of
the warrant, as published in The Wall Street Journal on the issue
date, or (ii) the average closing price of the Company�s Common
Stock for the 30 days before the issue date, or (iii) the price at
which Company next issues its Common Stock, subject to adjustment
as provided in the warrant. The warrant will expire in seven years
unless previously exercised. About North American Scientific North
American Scientific is a leader in radiation therapy in the fight
against cancer. Its innovative products provide physicians with
tools for the treatment of various types of cancers. They include
Prospera� brachytherapy seeds and SurTRAK� needles and strands used
primarily in the treatment of prostate cancer. In addition, the
Company has been gaining clinical experience with its first
generation ClearPath� multi-channel catheter breast brachytherapy
devices in 2007, and intends to launch the second generation
devices in 2008. They are the only such devices approved for both
high dose and continuous release, or low dose, radiation
treatments. The devices are designed to provide flexible, precise
dose conformance and an innovative delivery system that is intended
to offer the more advanced form of brachytherapy for the treatment
of breast cancer. Please visit www.nasmedical.com for more
information. Statements included in this release that are not
historical facts may be considered forward-looking statements that
are subject to a variety of risks and uncertainties. There are a
number of important factors that could cause actual results to
differ materially from those expressed in any forward-looking
statements made by the Company including, but not limited to, the
impact of competitive products and pricing, technological changes,
changes in relationships with strategic partners and dependence
upon strategic partners for the performance of critical activities
under collaborative agreements, the ability of the Company to
successfully directly market and sell its products, uncertainties
relating to patent protection and regulatory approval, the stable
supply of appropriate isotopes, research and development estimates,
market opportunities, risks associated with strategic opportunities
or acquisitions the Company may pursue and the risk factors
included in the Company�s filings with the Securities and Exchange
Commission. Any forward-looking statements contained in this news
release speak only as of the date of this release, and the Company
undertakes no obligation to revise or update any forward-looking
statements, whether as a result of new information, future results
or otherwise.
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