Table of Contents

 
 
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): August 3, 2009
TLC Vision Corporation
 
(Exact name of registrant as specified in its charter)
         
New Brunswick, Canada   000-29302   980151150
 
(State or other jurisdiction   (Commission   (IRS Employer
of incorporation)   File Number)   Identification No.)
     
5280 Solar Drive, Suite 100, Mississuaga, Ontario   L4W 5M8
 
(Address of principal executive offices)   (Zip Code)
Registrant’s telephone number, including area code 636-534-2300
 
(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):
o   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))
 
 

 

 

Table of Contents

Item 1.01 Entry into a Material Definitive Agreement
     Effective as of June 30, 2009, TLC Vision Corporation (the “Company”) secured from its lenders an extension to September 9, 2009 of the previously announced limited waiver with respect to its credit facility. The credit facility, dated June 21, 2007, amended as of February 28, 2008, March 31, 2009 and June 5, 2009, provides for an $85 million term loan and a $25 million revolving credit line. As of July 31, 2009, the amount outstanding under the credit facility was approximately US$101.2 million.
     The extension agreement and forbearance agreement is contained in the Limited Waiver and Amendment No. 4 to the Credit Agreement, dated as of June 30, 2009 (the “Limited Waiver”), which, among other things, provides a limited waiver through September 9, 2009 of specified defaults and extends to September 10, 2009, the time for payment of certain principal, interest and other payments previously due, provided, however, that in the event that the Limited Waiver is executed by less than 100% of the lenders, the Limited Waiver provides that lenders will, until September 9, 2009, forbear from exercising their rights arising out of the non-payment of certain principal, interest and other payments previously due. The Limited Waiver also amends certain terms of the credit agreement, provides for the accrual of default interest at an additional 2% per annum over otherwise applicable rates and releases any claims the Company may have had against the lenders. The foregoing description of the Limited Waiver is only a summary and is qualified in its entirety by the full text of the Limited Waiver, which is attached hereto as Exhibit 10.1 and is incorporated by reference herein.
Item 8.01 Other Events
     On August 3, 2009, the Company issued a press release announcing the extension of the limited waiver. A copy of the press release is attached hereto as Exhibit 99.1 and incorporated by reference herein.
Item 9.01 Financial Statements and Exhibits
     (d) Exhibits:
  10.1   Limited Waiver and Amendment No. 4 to Credit Agreement, dated as of June 30, 2009.
 
  99.1   Press Release entitled “TLC Vision Secures Extension of Credit Facility Limited Waiver to September 9, 2009” issued by TLC Vision Corporation on August 3, 2009.

2

Table of Contents

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 hereunto duly authorized.
         
 
TLC VISION CORPORATION
  		 
Date: August 5, 2009  By:   /s/ James J. Hyland    
    Name:   James J. Hyland    
    Title:   VP Investor Relations   
 

3

Table of Contents

EXHIBIT INDEX
     
Exhibit    
 
   
10.1
  Limited Waiver and Amendment No. 4 to Credit Agreement, dated as of June 30, 2009.
 
   
99.1
  Press Release entitled “TLC Vision Secures Extension of Credit Facility Limited Waiver to September 9, 2009” issued by TLC Vision Corporation on August 3, 2009.

4

Tlc Vision (MM) (NASDAQ:TLCV)
Historical Stock Chart
From Apr 2024 to May 2024 Click Here for more Tlc Vision (MM) Charts.
Tlc Vision (MM) (NASDAQ:TLCV)
Historical Stock Chart
From May 2023 to May 2024 Click Here for more Tlc Vision (MM) Charts.