NEOPHOTONICS CORPORATION (NYSE:NPTN) Files An 8-K Entry into a Material Definitive AgreementITEM 1.01 ENTRY INTO A MATERIAL DEFINITIVE AGREEMENT.
On December14, 2017, NeoPhotonics (China) Co.,Ltd. (the “Subsidiary”), an indirect wholly-owned Chinese subsidiary of NeoPhotonics Corporation (the “Company”), entered into a Comprehensive Credit Granting Contract (the “Credit Agreement”) with China CITIC Bank (“CITIC Bank”) that provides for a credit line in the aggregate principal amount of RMB 250 million (approximately $37.8 million) (the “Credit Line”). The purpose of the Credit Line is to provide short-term borrowings, bank acceptance drafts and letters of credit for the Subsidiary’s operations in China.
The Credit Line is available from December14, 2017 to November17, 2018. Interest on borrowings under the Credit Agreement will be based on market interest rates at the time of borrowing, varying with the type of loan. The overall Credit Line is unsecured.
The Credit Agreement contains customary representations, warranties and covenants applicable to the Subsidiary, as well as customary events of default. Upon an event of default, CITIC Bank may, among other things, accelerate the loans extended under the Credit Line.
In addition to the new Credit Agreement with CITIC Bank, the Subsidiary drew down $17.0 million under one of its existing line of credits with Pudong Bank and anticipates repaying a separate loan of $17.0 million with CITIC Bank under a previously expired credit facility, which is due on January2, 2018. The Company expects that funds for this repayment will be made through inter-company trade related settlements between the Company and the Subsidiary.
The foregoing summary does not purport to be complete and is qualified in its entirety by reference to the Credit Agreement, which is attached as Exhibit10.1 hereto and incorporated herein by reference in its entirety.
ITEM 2.03 CREATION OF A DIRECT FINANCIAL OBLIGATION OR AN OBLIGATION UNDER AN OFF-BALANCE SHEET ARRANGEMENT OF A REGISTRANT.
The information set forth above and referenced under Item 1.01 is hereby incorporated by reference into this Item 2.03.
ITEM 9.01 FINANCIAL STATEMENTS AND EXHIBITS.
(d)Exhibits.