Other Information
−Removed: On May 11, 2022, we entered into the Third Amendment, which further amended the Loan Agreement with BankUnited.
−Removed: In accordance with the Third Amendment, the parties agreed to the following terms, among others:
−Removed: (i) an amended maturity date of April 15, 2024 with respect to the Term Loan (as defined in the Amended Loan Agreement);
−Removed: and (ii) an amended exit fee equal to (a) 2% of the outstanding principal balance of the Term Loan on September 30, 2022, (b) 1% of the outstanding principal balance on December 31, 2022, (c) 1% of the outstanding principal balance on March 31, 2023, and (d) 4% of the outstanding principal balance on April 15, 2024 (to the extent the Term Loan is still outstanding on each of the respective dates and has not been refinanced with another lender).
−Removed: Further, in accordance with the Third Amendment, we paid BankUnited a fee equal to $25,000, and will pay for all attorney fees, costs, and expenses incurred by BankUnited in connection with the Third Amendment.
−Removed: The foregoing description of the Third Amendment is a summary only and is qualified in its entirety by reference to the complete text of the Third Amendment filed herewith as Exhibit 10.3
The following exhibits are filed herewith as a part of this report.
30 unchanged sentences
000-27548) filed with the Securities and Exchange Commission on February 3, 2021, and is incorporated herein by reference thereto.
−Removed: Sales Agreement, dated February 15, 2022, by and between LightPath Technologies, Inc.
−Removed: and A.G.P./Alliance Global Partners, which was filed as Exhibit 10.1 to our Current Report on Form 8-K (File No:
−Removed: 000-27548) filed with the Securities and Exchange Commission on February 16, 222, and is incorporated herein by reference thereto.
−Removed: Investor Relations Consulting Agreement, dated April 11, 2022, by and between LightPath Technologies, Inc.
−Removed: and MZHCI, LLC*
−Removed: Third Amendment to Loan Agreement, dated May 11, 2022, by and between LightPath Technologies, Inc.
−Removed: and BankUnited, N.A.*
Certification of Chief Executive Officer pursuant to Rule 13a-14(a) of the Securities Exchange Act of 1934*
14 unchanged sentences
LIGHTPATH TECHNOLOGIES, INC.
−Removed: May 12, 2022 By:
+Added: November 10, 2022 By:
/s/ Shmuel Rubin
President and Chief Executive Officer
−Removed: May 12, 2022 By:
+Added: November 10, 2022 By:
/s/ Albert Miranda
2 unchanged sentences
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.