North American Scientific (MM) (NASDAQ:NASI)
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From Jan 2020 to Jan 2025
North American Scientific, Inc. (Nasdaq:NASI) today announced that on
December 18, 2007, North American Scientific, Inc., a Delaware
corporation, and its wholly-owned subsidiary, North American Scientific,
Inc., a California corporation (collectively, the “Company”),
entered into an Eighth Amendment and Forbearance to the Loan and
Security Agreement with Silicon Valley Bank (the “Bank”).
The amendment includes: (i) an extension of the maturity date of the
loan agreement to the earlier of February 1, 2008 or the date the
Company completes its private placement, which is described in the
Company’s Current Report on Form 8-K, filed
with the Securities and Exchange Commission on December 13, 2007, (ii) a
forbearance by the Bank from exercising its rights and remedies against
the Company, until such time as the Bank determines in its discretion to
cease such forbearance, due to the defaults under the Loan Agreement
resulting from the Company failing to comply with the tangible net worth
covenant in the Loan Agreement as of July 31, 2007, August 31, 2007,
September 30, 2007 and October 31, 2007 and (iii) a consent from the
Bank to allow the Company to repay its outstanding loan from Mr. John A.
Friede in the amount of $250,000.
In connection with the amendment to the loan agreement with the Bank,
the Company granted a warrant to the Bank to purchase that number of
shares of the Company’s Common Stock as shall
be equal to $50,000 divided by the warrant price, which is equal to the
lower of (i) the closing price of the Company’s
common stock on the date the Company’s Board
of Directors approves the issuance of this warrant or (ii) the closing
price of the Company’s common stock on date
the warrant is issued, subject to adjustment as provided in
such warrant. The warrant will expire in five years unless previously
exercised.
On December 20, 2007, the Company executed a Third Amendment to the Loan
Agreement with Agility Capital, LLC (“Agility”).
The amendment includes (i) an extension of the maturity date of the loan
agreement to February 1, 2008, (ii) a loan modification and extension
fee of $20,000, paid by the Company upon the execution of the amendment,
and (iii) a consent from Agility to allow the Company to repay its
outstanding loan from Mr. John A. Friede in the amount of $250,000.
In connection with the amendment to the loan agreement with Agility, the
Company granted a warrant to Agility to purchase that number of shares
of the Company’s Common Stock as shall be
equal to $200,000 divided by the warrant price, which is equal to the
lowest of (i) the closing price of Company’s
Common Stock the day before the issue date of the warrant, as published
in The Wall Street Journal on the issue date, or (ii) the average
closing price of the Company’s Common Stock
for the 30 days before the issue date, or (iii) the price at which
Company next issues its Common Stock, subject to adjustment as provided
in the warrant. The warrant will expire in seven years unless previously
exercised.
About North American Scientific
North American Scientific is a leader in radiation therapy in the fight
against cancer. Its innovative products provide physicians with tools
for the treatment of various types of cancers. They include Prospera®
brachytherapy seeds and SurTRAK™ needles and
strands used primarily in the treatment of prostate cancer. In addition,
the Company has been gaining clinical experience with its first
generation ClearPath™ multi-channel catheter
breast brachytherapy devices in 2007, and intends to launch the second
generation devices in 2008. They are the only such devices approved for
both high dose and continuous release, or low dose, radiation
treatments. The devices are designed to provide flexible, precise dose
conformance and an innovative delivery system that is intended to offer
the more advanced form of brachytherapy for the treatment of breast
cancer. Please visit www.nasmedical.com
for more information.
Statements included in this release that are not historical facts may
be considered forward-looking statements that are subject to a variety
of risks and uncertainties. There are a number of important factors that
could cause actual results to differ materially from those expressed in
any forward-looking statements made by the Company including, but not
limited to, the impact of competitive products and pricing,
technological changes, changes in relationships with strategic partners
and dependence upon strategic partners for the performance of critical
activities under collaborative agreements, the ability of the Company to
successfully directly market and sell its products, uncertainties
relating to patent protection and regulatory approval, the stable supply
of appropriate isotopes, research and development estimates, market
opportunities, risks associated with strategic opportunities or
acquisitions the Company may pursue and the risk factors included in the
Company’s filings with the Securities and
Exchange Commission. Any forward-looking statements contained in this
news release speak only as of the date of this release, and the Company
undertakes no obligation to revise or update any forward-looking
statements, whether as a result of new information, future results or
otherwise.