UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM
CURRENT REPORT
Pursuant to Section 13 or 15(d)
of the Securities Exchange Act of 1934
Date of Report (Date of earliest event reported): October 2, 2024 (
(Exact name of Registrant as specified in its charter)
| (State or other jurisdiction of incorporation) |
(Commission File No.) |
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Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).
Emerging growth company
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| Item 1.01. | Entry into a Material Definitive Agreement. |
On September 30, 2024, Aldeyra Therapeutics, Inc. (“Aldeyra” or the “Company”) entered into the Fourth Amendment (the “Fourth Amendment”) to Loan and Security Agreement, and amended that certain Loan and Security Agreement, dated as of March 25, 2019, by and among the Company, Helio Vision, LLC, the several banks and other financial institutions or entities from time to time parties thereto (the “Lenders”) and Hercules Capital, Inc., in its capacity as administrative agent and collateral agent for itself and the Lenders (the “Original Loan Agreement” and as previously amended and as amended by the Fourth Amendment, the “Loan Agreement”).
The Fourth Amendment makes certain changes to the Loan Agreement, including, among other things, (i) extending the expiration of the period in which interest-only payments on borrowings under the Loan Agreement are made from October 1, 2024 to April 1, 2026; (ii) extending the Term Loan Maturity Date (as defined in the Loan Agreement) from October 1, 2024 to April 1, 2026; and (iii) amending the term loan interest rate to be the greater of (a) the Prime Rate (as defined in the Loan Agreement) plus 3.10% or (b) 11.10%. In addition, a supplemental end of term charge of $300,000 shall be due on the earlier of (A) the Term Loan Maturity Date, as amended, (B) repayment of the aggregate amount of advances under the Loan Agreement or (C) the date that the Secured Obligations (as defined in the Loan Agreement) become due and payable.
The foregoing summary of the Original Loan Agreement and the Fourth Amendment does not purport to be complete and is qualified in its entirety by the complete text of the Original Loan Agreement and the Fourth Amendment, which are filed as Exhibit 10.1 and 10.2, respectively, to this Current Report on Form 8-K and are incorporated herein by reference.
| Item 2.03. | Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant. |
The information provided in Item 1.01 of this Current Report on Form 8-K is incorporated herein by reference.
| Item 9.01. | Financial Statements and Exhibits. |
(d) 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.
| ALDEYRA THERAPEUTICS, INC. | ||
| By: | /s/ Todd C. Brady | |
| Name: | Todd C. Brady M.D., Ph.D. | |
| Title: | Chief Executive Officer | |
Dated October 2, 2024