DETERMINE (NASDAQ:DTRM) Files An 8-K Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant

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DETERMINE (NASDAQ:DTRM) Files An 8-K Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant

Item 2.03

Creation of a Direct Financial Obligation or an
Obligation under an OffBalance Sheet Arrangement of a
Registrant
.

Information set forth in Item 1.01 above is incorporated herein
by reference.

Item 3.02

Unregistered Sales of Equity Securities.

The information disclosed in Item 1.01 of this Current Report on
Form 8-K is incorporated by reference into this Item 3.02. The
sale and issuance of the Notes, the issuance of shares of common
stock upon conversion thereof, and the sale and issuance of the
Payment Shares have been determined to be exempt from
registration under the Securities Act in reliance on Section
4(a)(2) of the Securities Act and Rule 506 of Regulation D
promulgated thereunder as transactions by an issuer not involving
a public offering. The Investors and Guarantors, respectively,
have represented that they are accredited investors, as that term
is defined in Regulation D, and that they are acquiring the
respective securities for investment purposes only and not with a
view to or for sale in connection with any distribution thereof.

Item 3.03

Material Modification of Rights of Security
Holders.

The information disclosed in Item 1.01 of this Current Report on
Form 8-K is incorporated by reference into this Item 3.03.

Item 9.01

Financial Statements and Exhibits.

(d)

Exhibits

Exhibit

No.

Description

10.1

Junior Secured Convertible Note Purchase Agreement, dated
December 27, 2016.

10.2

Junior Secured Convertible Promissory Note, dated December
27, 2016, issued to MILFAM II L.P.

10.3

Junior Secured Convertible Promissory Note, dated December
27, 2016, issued to Alimco Financial Corporation.

10.4

Amended and Restated Security Agreement, dated December 27,
2016.

10.5

Second Amended and Restated Subordination Agreement, dated
December 27, 2016.

10.6

Amendment to Junior Secured Convertible Promissory Notes,
dated December 27, 2016

10.7

Third Amendment to 2015 Guaranty Fee Agreement and Second
Amendment to 2016 Guaranty Fee Agreement, dated December
27, 2016.


About DETERMINE (NASDAQ:DTRM)

Determine, Inc., (Determine), formerly Selectica, Inc., is a provider of enterprise contract management, supply management and configuration solutions. The Company is engaged in providing software as a service (SaaS) Source to Pay and Enterprise Contract Lifecyclem Management (ECLM) solutions. Its Source to Pay software suite includes strategic sourcing, supplier management, contract management and procure-to-pay applications. The Determine Cloud Platform gives procurement, finance and legal professionals the ability to deliver insights through analysis of their supplier relationships and contractual requirements. The Determine platform is an open technology infrastructure based on smart process application models. In addition to its source to pay and enterprise contract lifecycle management solutions suite, it also provides a configuration engine solution. Determine’s Configuration engine consolidates the management and dissemination of complex product information.

DETERMINE (NASDAQ:DTRM) Recent Trading Information

DETERMINE (NASDAQ:DTRM) closed its last trading session down -0.01 at 1.85 with 11,611 shares trading hands.