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4. Debt
3 Months Ended
Apr. 03, 2015
Notes  
4. Debt

4.           Debt

 

Mortgage Notes

 

On October 3, 2014, the holder of the mortgage notes, a commercial bank, notified the Company that the liens placed on the Company’s assets by the Pension Plan constituted an event of default under the mortgage notes’ loan agreements. The commercial bank agreed to forbear from exercising any further remedies, other than suspension of advances under the working capital line of credit, until August 1, 2015 at which time the process of withdrawing the Pension Plan liens is expected to be completed in accordance with terms of the Settlement Agreement (see Note 5).  The agreement to forbear from exercising any further remedies is subject to the Company continuing to make debt service payments under the mortgage notes’ loan agreements, the occurrence of no further adverse events in the condition of the Company and the Company’s agreement to the incorporation of the financial covenants in the line of credit agreement as additional covenants in the mortgage notes’ loan agreements effective immediately and continuing until the mortgage notes are paid in full. One of the covenants requires the Company’s subsidiary, Spitz, Inc. (“Spitz”), to maintain tangible net worth of at least $6,000 measured upon issuance of quarterly and annual financial statements. As of the end of the second and third quarter of 2014, Spitz’s tangible net worth measured $5,914 and $5,801, respectively. As of December 31, 2014, Spitz’s tangible net worth measured $5,744.  The commercial bank has granted a waiver of the event of default for the failure to maintain Spitz’s tangible net worth of at least $6,000 as of the end of the second and third quarter of 2014 and as of December 31, 2014. As of April 3, 2015, Spitz’s tangible net worth was approximately $6,900.  The Company believes that it will be able to comply with the additional covenants in future periods based on forecasts and management of intercompany accounts payable and receivable.

 

Line of Credit

 

Because of cross default provisions, the October 3, 2014 notice of default under the mortgage notes included notification by the commercial bank that it is no longer obligated to make advances under its line of credit agreement with Spitz and its election to suspend future advances.  The Company expects that with the settlement of the pension liabilities (see Note 5) and the cure of the default under the mortgage notes, that the commercial bank will resume advances for working capital requirements later in 2015.  As of April 3, 2015, there were no borrowings outstanding under the credit agreement and there have been no borrowings outstanding since February 2011.