-----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, RdiTDeqRCWWRlyCpeDdrALBVDBzaccZ2RnwkIS1UbSkUr6iEmeaCUSxTSk2MGrPG D1T9qkKTzG5iZq6CrATtnQ== 0001079974-09-000678.txt : 20090918 0001079974-09-000678.hdr.sgml : 20090918 20090918134145 ACCESSION NUMBER: 0001079974-09-000678 CONFORMED SUBMISSION TYPE: 424B3 PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20090918 DATE AS OF CHANGE: 20090918 FILER: COMPANY DATA: COMPANY CONFORMED NAME: ZYNEX INC CENTRAL INDEX KEY: 0000846475 STANDARD INDUSTRIAL CLASSIFICATION: ELECTROMEDICAL & ELECTROTHERAPEUTIC APPARATUS [3845] IRS NUMBER: 870403828 STATE OF INCORPORATION: NV FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 424B3 SEC ACT: 1933 Act SEC FILE NUMBER: 333-148906 FILM NUMBER: 091076395 BUSINESS ADDRESS: STREET 1: 8022 SOUTHPARK CIRCLE STREET 2: SUITE 100, CITY: LITTLETON STATE: CO ZIP: 80120 BUSINESS PHONE: (303) 703-4906 MAIL ADDRESS: STREET 1: 8022 SOUTHPARK CIRCLE STREET 2: SUITE 100, CITY: LITTLETON STATE: CO ZIP: 80120 FORMER COMPANY: FORMER CONFORMED NAME: ZYNEX MEDICAL HOLDINGS INC DATE OF NAME CHANGE: 20050812 FORMER COMPANY: FORMER CONFORMED NAME: ZYNEX MEDICAL HOLDINGS INC DATE OF NAME CHANGE: 20040120 FORMER COMPANY: FORMER CONFORMED NAME: FOX RIVER HOLDINGS INC DATE OF NAME CHANGE: 20031126 424B3 1 zynex424b333109_91809.htm 424B3 zynex424b333109_91809.htm
 
Filed pursuant to Rule 424(b)(3)
Registration Statement No. 333-148906
and Registration No. 333-153311
PROSPECTUS SUPPLEMENT
September 18, 2009
(To prospectus dated September 12, 2008)


Zynex, Inc.

2,273,006 shares of
common stock



This prospectus supplement supplements the prospectus dated September 12, 2008, relating to the resale by selling stockholders of 2,273,006 shares of common stock of Zynex, Inc. (“we” or “our”) issuable upon exercise of outstanding warrants.  This prospectus supplement should be read in conjunction with the prospectus dated September 12, 2008, which is to be delivered with this prospectus supplement, and this prospectus supplement is qualified by reference to the prospectus, except to the extent that the information in this prospectus supplement supersedes the information contained in the prospectus.  This prospectus supplement is not complete without, and may not be delivered or utilized except in connection with, the prospectus, including any supplements thereto.
 
 
Selling Security Holders

Ascendiant Capital Group, LLC (“Ascendiant”) is a selling stockholder for shares of common stock which include shares that have underlied warrants issued to Ascendiant in 2006 in connection with a bridge loan as described in Note 3 to the Consolidated Financial Statements for the year ended December 31, 2007 in the prospectus.  The warrants were exercisable for the purchase of 429,867 shares at $0.39 per share.  With the adoption of Emerging Issues Task Force (EITF) 07-5 effective January 1, 2009, these warrants were determined to require liability classification on the Company’s financial statements because of certain provisions that could have resulted in an adjustment to their exercise price (see Note 7 to the unaudited Condensed Consolidated Financial Statements in the Company’s Form 10-Q Report for the quarter ended June 30, 2009, which is in a separate Supplement to the prospectus).  In September 2009, the Company and Ascendiant entered into an agreement with the following terms:
 
·  
Ascendiant will exercise via cash payment the warrants for the remaining 329,687 shares of common stock under the warrants by September 30, 2009.
 
·  
The exercise price under the warrants is reduced to $0.32, which generates $105,500 to the Company.
 
 
 
 
 
 
 
·  
The broker-dealer affiliate of Ascendiant will implement an investor program for the Company and also support any merger and acquisition activity of the Company.
 
·  
The Company will issue 100,000 shares of unregistered common stock as consideration for the early exercise of the warrants and for the additional services in lieu of any cash fees.
 
Ascendiant has exercised the warrants as contemplated by that agreement.
 
Neither the Securities and Exchange Commission nor any state securities commission has approved or disapproved these securities or passed upon the adequacy or accuracy of this prospectus.  Any representation to the contrary is a criminal offense.
 

 
This prospectus supplement is dated September 18, 2009
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