-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, Pve+w4vMd/JpXqiXn6aShkWtGPLkoik/iciw20vo6k0uG/yMgRjYH1kxaEF05Ft8 8b89ifOPCtw22VtT98lrUg== 0000914062-10-000029.txt : 20100114 0000914062-10-000029.hdr.sgml : 20100114 20100114091620 ACCESSION NUMBER: 0000914062-10-000029 CONFORMED SUBMISSION TYPE: 425 PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20100114 DATE AS OF CHANGE: 20100114 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: CRYOLIFE INC CENTRAL INDEX KEY: 0000784199 STANDARD INDUSTRIAL CLASSIFICATION: SURGICAL & MEDICAL INSTRUMENTS & APPARATUS [3841] IRS NUMBER: 592417093 STATE OF INCORPORATION: FL FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 425 SEC ACT: 1934 Act SEC FILE NUMBER: 001-13165 FILM NUMBER: 10526481 BUSINESS ADDRESS: STREET 1: 1655 ROBERTS BOULEVARD N W STREET 2: STE 142 CITY: KENNESAW STATE: GA ZIP: 30144 BUSINESS PHONE: 7704193355 MAIL ADDRESS: STREET 1: 1655 ROBERTS BOULEVARD N W STREET 2: STE 142 CITY: KENNESAW STATE: GA ZIP: 30144 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: CRYOLIFE INC CENTRAL INDEX KEY: 0000784199 STANDARD INDUSTRIAL CLASSIFICATION: SURGICAL & MEDICAL INSTRUMENTS & APPARATUS [3841] IRS NUMBER: 592417093 STATE OF INCORPORATION: FL FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 425 BUSINESS ADDRESS: STREET 1: 1655 ROBERTS BOULEVARD N W STREET 2: STE 142 CITY: KENNESAW STATE: GA ZIP: 30144 BUSINESS PHONE: 7704193355 MAIL ADDRESS: STREET 1: 1655 ROBERTS BOULEVARD N W STREET 2: STE 142 CITY: KENNESAW STATE: GA ZIP: 30144 425 1 cryolife8k11210.htm 425 cryolife8k11210.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):  January 12, 2010

_______________________

CRYOLIFE, INC.
(Exact name of registrant as specified in its charter)
_________________________

Florida
1-13165
59-2417093
(State or Other Jurisdiction
of Incorporation)
(Commission File Number)
(IRS Employer
Identification No.)

1655 Roberts Boulevard, N.W., Kennesaw, Georgia  30144
(Address of principal executive office) (zip code)

Registrant's telephone number, including area code: (770) 419-3355

_____________________________________________________________
(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):

x
Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

o
Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

o
Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

o
Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 
 
 
 
Section 1   Registrant’s Business and Operations

Item 1.01     Entry into a Material Definitive Agreement.

On January 12, 2010, CryoLife, Inc. (the “Company” or “CryoLife”) and certain of its subsidiaries amended its Credit Facility (the “Credit Facility”) with General Electric Capital Corporation (“GECC”), as lender, letter of credit issuer, and agent for all lenders.
 
The amendment provides that CryoLife may make specified investments in the capital stock of Medafor, Inc. without violating the terms of the Credit Facility.  In a press release dated January 13, 2010, CryoLife disclosed that it had invested approximately $3,200,000 in the acquisition of Medafor capital stock.  The amendment also increases the unused commitment fee that CryoLife pays to GECC with respect to any unused portion of the Credit Facility to 50 basis points per annum when the current amount outstanding under the Credit Facility is greater than $7.5 million and 75 basis points per annum when the current amount outstanding under the Credit Facility is equal to or less than $7.5 million.  The amendment also establishes a minimum rate for LIBOR and the Base Rate, as both terms are defined within the Credit Facility, of 3% and 4%, respectively, prior to the addition of the applicable margin, per the terms of the Credit Facility.  Also, the amendment reduces the aggregate amount with respect to which GECC and other letter of credit issuers subject to the Credit Facility are obligated to issue letters of credit to CryoLife from $1,500,000 to $1,000,000.  As of December 31, 2009, the aggregate amount outstanding under the Credit Facility was $503,787.10, including $188,789.70 issued pursuant to letters of credit.

The other material terms of the Credit Facility remain unchanged.  A description of these terms is contained in the Company’s Current Report on Form 8-K filed March 27, 2008, which is incorporated by reference herein.







 
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SIGNATURES

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

 
CRYOLIFE, INC.
   
   
   
Date:  January 14, 2010
By:                       /s/ D.A. Lee
 
Name:                  D. Ashley Lee
 
Title:                    Executive Vice President, Chief
 
Operating Officer and Chief
 
Financial Officer



 
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