0001493152-17-006649.txt : 20170614 0001493152-17-006649.hdr.sgml : 20170614 20170614172827 ACCESSION NUMBER: 0001493152-17-006649 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20170608 ITEM INFORMATION: Triggering Events That Accelerate or Increase a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement ITEM INFORMATION: Other Events FILED AS OF DATE: 20170614 DATE AS OF CHANGE: 20170614 FILER: COMPANY DATA: COMPANY CONFORMED NAME: Function(x) Inc. CENTRAL INDEX KEY: 0000725876 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-COMPUTER PROGRAMMING, DATA PROCESSING, ETC. [7370] IRS NUMBER: 330637631 STATE OF INCORPORATION: DE FISCAL YEAR END: 0630 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-35620 FILM NUMBER: 17911940 BUSINESS ADDRESS: STREET 1: 902 BROADWAY STREET 2: 11TH FLOOR CITY: NEW YORK STATE: NY ZIP: 10010 BUSINESS PHONE: 212-231-0092 MAIL ADDRESS: STREET 1: 902 BROADWAY STREET 2: 11TH FLOOR CITY: NEW YORK STATE: NY ZIP: 10010 FORMER COMPANY: FORMER CONFORMED NAME: DraftDay Fantasy Sports, Inc. DATE OF NAME CHANGE: 20160208 FORMER COMPANY: FORMER CONFORMED NAME: Viggle Inc. DATE OF NAME CHANGE: 20120607 FORMER COMPANY: FORMER CONFORMED NAME: FUNCTION (X) INC. DATE OF NAME CHANGE: 20110216 8-K 1 form8-k.htm

 

 

 

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 

FORM 8-K

 

CURRENT REPORT

 

Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934

 

Date of Report (Date of Earliest Event Reported: June 8, 2017

 

Function(x) Inc.

(Exact name of Registrant as Specified in its Charter)

 

Delaware 0-13803 33-0637631

(State or other jurisdiction

of incorporation)

(Commission

File Number)

(I.R.S. Employer

Identification Number)

 

902 Broadway, 11th Floor

New York, New York

(Address of principal executive offices)

  

 

10010

(Zip Code)

 

(212) 231-0092

(Registrant’s Telephone Number, including Area Code)

 

 

(Former name or former address, if changed since last report.)

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the Registrant under any of the following provisions ( see General Instruction A.2 below):

 

[  ] Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425).
   
[  ] Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12).
   
[  ] Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)).
   
[  ] Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)).

 

 

 

   

 

 

Item 2.04 Triggering Events That Accelerate or Increase a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement

 

On June 1, 2017 Function(x) Inc. (the “Company”) received notice that the Company was in default under that certain $3.24 million 12% Senior Convertible Note due June 1, 2017 for non-payment and the applicable grace period of five (5) business days following the due date has lapsed. As a result, the Company is responsible to pay the Mandatory Default Amount in cash or by conversion into shares of common stock, or any combination thereof, at Holder’s option. Such amount includes principal and accrued and unpaid interest, default interest (2%) and other costs, expenses and liquidated damages due in respect of the Note.

  

Item 8.01 Other Events.

 

On June 14, 2017, the Company received notice from the Nasdaq Hearings Panel (the “Panel”) granting the Company’s request for a stay of any action with respect to de-listing of the Company’s common stock on The NASDAQ Stock Market LLC (“Nasdaq”) pending the outcome of the Company’s hearing before the Panel and any extension granted by the Panel. The hearing is currently scheduled for June 29, 2017.

  

   

 

 

SIGNATURES

 

Pursuant to the requirements of the Securities Exchange Act of 1934, the Company has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 

  FUNCTION(X) INC.
   
  By: /s/ Robert F.X. Sillerman
  Name:

Robert F.X. Sillerman

  Title:

Executive Chairman and Chief Executive Officer

     
DATE: June 14, 2017