-----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, KEyf054uU3Qr0kY5jHIYUutegg1QXRpv12oyUBnmXlwSh3JyfXZz/vRl9l76JNhT yQcvSrIjIWFnIDkfRgI2Qg== 0000098618-05-000023.txt : 20050706 0000098618-05-000023.hdr.sgml : 20050706 20050705173237 ACCESSION NUMBER: 0000098618-05-000023 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20050630 ITEM INFORMATION: Entry into a Material Definitive Agreement FILED AS OF DATE: 20050706 DATE AS OF CHANGE: 20050705 FILER: COMPANY DATA: COMPANY CONFORMED NAME: ALANCO TECHNOLOGIES INC CENTRAL INDEX KEY: 0000098618 STANDARD INDUSTRIAL CLASSIFICATION: COMPUTER STORAGE DEVICES [3572] IRS NUMBER: 860220694 STATE OF INCORPORATION: AZ FISCAL YEAR END: 0630 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-09347 FILM NUMBER: 05938155 BUSINESS ADDRESS: STREET 1: 15575 N 83RD WAY STREET 2: SUITE 3 CITY: SCOTTSDALE STATE: AZ ZIP: 85260 BUSINESS PHONE: 4806071010 MAIL ADDRESS: STREET 1: 15575 N 83RD WAY STREET 2: SUITE 3 CITY: SCOTTSDALE STATE: AZ ZIP: 85260 FORMER COMPANY: FORMER CONFORMED NAME: ALANCO ENVIRONMENTAL RESOURCES CORP DATE OF NAME CHANGE: 19930708 FORMER COMPANY: FORMER CONFORMED NAME: ALANCO RESOURCES CORP DATE OF NAME CHANGE: 19920703 FORMER COMPANY: FORMER CONFORMED NAME: ALANCO LTD DATE OF NAME CHANGE: 19901004 8-K 1 k8070505.txt 8K AMENDMENT TO LOAN AGREEMENT 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 JULY 5, 2005 ------------ (Date of Report) ALANCO TECHNOLOGIES, INC. ------------------------- (Exact name of Registrant as specified in its charter) 0-9437 --------- (Commission File No.) ARIZONA 86-0220694 --------------------------- --------------------------------- (State of other jurisdiction( (IRS Employer Identification No.) 15575 N 83RD WAY, SUITE 3, SCOTTSDALE, ARIZONA 85260 ------------------------------------------------------- (Address of Principal Executive Office) (Zip Code) (480) 607-1010 ---------------------------------------------------- (Registrant's telephone number, including area code) Check the appropriate box below if the Form 8-K filing is intended to simultaneously safisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below): ( ) Written communication 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 1.01 Entry into a Material Definitive Agreement In an amendment dated June 29, 2005 to the the Company's Line of Credit with a trust, the maximum under the line was increased to $1.5 million from $1.3 million. The interest rate was decreased from prime rate plus 4% to prime rate plus 2%, and the required minimum amount outstanding under the agreement was increased to $1,000,000. Donald Anderson, a Trustee of the family trust, is on the Company's Board of Directors, and is defined as a beneficial owner of the Company. Item 9.01 Financial Statements and Exhibits Exhibits 99.1 Fourth Amendment to Loan and Security Agreement. SIGNATURE 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 hereunto duly authorized. Date: July 5, 2005 ALANCO TECHNOLOGIES, INC. By: /s/John A Carlson ----------------------- Chief Financial Officer EX-99 2 amend4.txt AMENDMENT TO LOAN AGREEMENT Exhibit 99.1 FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENT THIS FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENT ("Fourth Amendment") is entered into this 29th day of June, 2005, between Donald E. Anderson and Rebecca E. Anderson, Trustees of the Anderson Family Trust, UTA dated December 20, 1993 ("Lender") as secured party, and Alanco Technologies, Inc. ("ATI"), an Arizona corporation ("Borrower 1"); Arraid, Inc. ("Al"), an Arizona corporation ("Borrower 2"); Excel/Meridian Data, Inc. ("EMD"), an Arizona corporation ("Borrower 3"); Alanco/TSI PRISM, Inc. ("TSI"), an Arizona corporation (formerly, Technology System International, Inc. and TSI Acquisition Corporation, ("Borrower 6"); and Fry Guy, Inc., a Nevada corporation ("Borrower 7"). Borrower 1, Borrower 2, Borrower 3, Borrower 6, and Borrower 7, jointly and severally, individually and collectively, the "Borrower". (Borrowers 5 and 6 were corporate subsidiaries of ATI that are no longer in operation.) RECITALS: The parties entered into that Loan and Security Agreement, dated June 19, 2002, pursuant to which Lender agreed to provide certain funds to Borrower upon the terms and conditions set forth therein (the "Agreement"). The parties amended the Agreement pursuant to the Amendment to Loan and Security Agreement, dated April 15, 2003 (the "First Amendment"), the Second Amendment to Loan and Security Agreement, dated November 1, 2003 (the "Second Amendment"), and the Third Amendment to Loan and Security Agreement, dated March 22, 2005 (the "Third Amendment") and now wish to modify the Agreement, as previously amended in certain respects as set forth herein. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. Definitions. The subparagraphs of Section 1 of the Agreement corresponding to the subparagraph numbers set forth below shall be amended by substituting the definitions set forth below for the corresponding terms identified: 1.9 "Credit Limit" shall mean One Million Five Hundred Thousand Dollars ($1,500,000.00). 2. The last sentence of Section 2.1 of the Agreement shall be amended to read as follows: Notwithstanding anything to the contrary herein, the amount drawn under this Agreement by Borrower shall not be less than the sum of $1,000,000 at any time during the term of this Agreement without Lender's written consent. 3. The first paragraph of Section 2.2 of the Agreement shall be amended to read as follows: Except as provided below, the Credits shall bear interest, on the Daily Balance owing, at a fluctuating rate of interest equal to the Base Rate plus two (2%) percentage points per annum. 4. Borrower agrees that (a) except as expressly provided herein to the contrary, this Fourth Amendment shall not modify the Agreement as previously amended, (b) all of the collateral described in the Agreement shall remain in all respects subject to the lien or charge of the security interest set forth in the Agreement, and (c) nothing contained herein and nothing done pursuant hereto, shall effect or be construed as affecting the lien or charge of said security interest, or the priority thereof over other liens or charges, or as releasing or affecting the liability of any party or parties who may now or hereafter be liable under or on account of the Agreement. The provisions of this Fourth Amendment are modifications only and except as provided herein all of the terms and conditions of the Agreement as previously amended remain in full force and effect and the parties hereto ratify and confirm the security, priority and enforceability of the Agreement, as expressly modified by this Fourth Amendment. 5. This Fourth Amendment shall bind and inure to the benefit of the respective successors and assigns of each of the parties. This Fourth Amendment may be executed by the parties hereto in several counterparts, each of which shall be deemed to be an original and all of which shall constitute together but one and the same agreement. IN WITNESS WHEREOF, the parties hereto have caused this Fourth Amendment to be executed as of the date first above written. BORROWERS: "Borrower l": Alanco Technologies, Inc., an Arizona Corporation By:/s/ John A. Carlson ----------------------------------------- John A. Carlson, Chief Financial Officer "Borrower 2": Arraid, Inc., an Arizona corporation By: /s/ John A. Carlson ----------------------------------------- John A. Carlson, Chief Financial Officer "Borrower 3": Excel/Meridian Data, an Arizona corporation By: /s/ John A. Carlson ----------------------------------------- John A. Carlson, Chief Financial Officer "Borrower 6": Alanco/TSI PRISM, Inc., an Arizona corporation (formerly, Technology System International, Inc. and TSI Acquisition Corporation) By: /s/ John A. Carlson ----------------------------------------- John A. Carlson, Chief Financial Officer "Borrower 7": Fry Guy, Inc., a Nevada corporation By: /s/ John A Carlson ----------------------------------------- John A. Carlson, Chief Financial Officer Borrower Address for Notices: 15575 North 83rd Way, Suite 3, Scottsdale, Arizona. 85260 LENDER: /s/ Donald E. Anderson - --------------------------------------- DONALD E. ANDERSON /s/ Rebecca E. Anderson - --------------------------------------- REBECCA E. ANDERSON Trustees of the Anderson Family Trust, UTA dated December 20, 1993 Lender Address for Notices: 11804 N. Sundown Drive, Scottsdale, Arizona 85260 -----END PRIVACY-ENHANCED MESSAGE-----