Form 8-K

-----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, OkS7Xnn0U2c6+NhVZpxsUwVUHhKbHn5uLPRaxqhrcfsYchLbqYHLVMFrwFOSKbMh QYyQGOWlf1v6UqezCzcXdQ== 0001193125-04-180722.txt : 20041028 0001193125-04-180722.hdr.sgml : 20041028 20041028171122 ACCESSION NUMBER: 0001193125-04-180722 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20041025 ITEM INFORMATION: Entry into a Material Definitive Agreement FILED AS OF DATE: 20041028 DATE AS OF CHANGE: 20041028 FILER: COMPANY DATA: COMPANY CONFORMED NAME: AVATECH SOLUTIONS INC CENTRAL INDEX KEY: 0000852437 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-PREPACKAGED SOFTWARE [7372] IRS NUMBER: 841035353 STATE OF INCORPORATION: DE FISCAL YEAR END: 0630 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-31265 FILM NUMBER: 041103386 BUSINESS ADDRESS: STREET 1: 11403 CRONHILL DRIVE STREET 2: SUITE A CITY: OWING MILLS STATE: MD ZIP: 21117 BUSINESS PHONE: 4109026900 MAIL ADDRESS: STREET 1: 11403 CRONHILL DRIVE STREET 2: SUITE A CITY: OWING MILLS STATE: MD ZIP: 21117 FORMER COMPANY: FORMER CONFORMED NAME: PLANETCAD INC DATE OF NAME CHANGE: 20001117 FORMER COMPANY: FORMER CONFORMED NAME: SPATIAL TECHNOLOGY INC DATE OF NAME CHANGE: 19960708 8-K 1 d8k.htm FORM 8-K Form 8-K

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): October 25, 2004

AVATECH SOLUTIONS, INC.

(Exact name of registrant as specified in its charter)

Delaware

001-31265

84-1035353

(State or Other Jurisdiction

of Incorporation)

(Commission File Number)

(IRS Employer

Identification No.)

10715 Red Run Blvd., Suite 101, Owings Mills, Maryland 21117

(Address of Principal Executive Offices)

Registrant’s telephone number, including area code: (410) 581-8080

Inapplicable

(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:

¨	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))

INFORMATION TO BE INCLUDED IN THE REPORT

Item 1.01. Entry into a Material Definitive Agreement.

(a) (1) On October 25, 2004, effective as of October 22, 2004, Avatech Solutions, Inc. (the “Company”), Avatech Solutions Subsidiary, Inc., a controlled subsidiary of the Company, (“Subsidiary”), and Technical Learningwear Company, Inc., a wholly-owned subsidiary of Subsidiary (“TLC”), entered into amendments (collectively, the “Amendment”) to their credit facility with the Company’s senior lender, K Bank (the “Bank”). Specifically, the Amendment included: (i) a Second Modification Agreement by and between the Company, Subsidiary, TLC, and the Bank, which modifies the existing Loan and Security Agreement by and between Subsidiary and the Bank, as amended to date (the “Loan Agreement”), and the existing Guaranty from the Company and TLC for the benefit of the Bank, as amended to date, and (ii) a Second Amended and Restated Demand Promissory Note from Subsidiary to the Bank, which restates the existing Amended and Restated Demand Promissory Note from Subsidiary to the Bank.

(2) The Amendment formalizes the Company’s current informal agreement with the Bank, which allows the Company to borrow up to $3.0 million, limited to 85% of eligible accounts receivable. In addition, the Amendment modifies the restrictive covenants set forth in the Loan Agreement.

SIGNATURES

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 thereunto duly authorized.


	AVATECH SOLUTIONS, INC.
	(Registrant)

Date: October 28, 2004	By:	/s/ Christopher D. Olander
		Christopher D. Olander
		Executive Vice President and General Counsel

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