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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): December 12, 2016
(December 9, 2016)
VERSAR, INC.
(Exact name of Registrant as specified in its charter)
Delaware
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1-9309
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54-0852979
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(State of Incorporation)
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(Commission File Number)
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(I.R.S. Employer Identification No.)
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6850 Versar Center
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Springfield,
Virginia 22151
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(Address of
prinicpal executive offices)
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(Zip
Code)
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(703) 750-3000
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(Registrant's
telephone number,including area code)
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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:
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Written communications pursuant to Rule 425 under the Securities
Act (17 CFR 230.425)
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Soliciting material pursuant to Rule 14a-12(b) under the Exchange
Act (17 CFR 240.14a-12(b))
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Pre-commencement communications pursuant to Rule 14d-2(b) under the
Exchange Act (17 CFR 240.14d-2(b))
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Pre-commencement communications pursuant to Rule 13e-4(c) under the
Exchange Act (17 CFR 240.13e-4(c))
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Item 1.01
Entry into a Material Definitive Agreement.
On December 9, 2016 (the "Closing Date"), Versar, Inc.
(“Versar”), together with certain of its domestic
subsidiaries acting as guarantors (collectively, the
“Guarantors”), entered into a First Amendment and
Waiver (the “Amendment”) to the loan agreement (the
“Loan Agreement”) dated as of September 30, 2015 with
Bank of America, N.A. (the “Lender”), as the lender and
letter of credit issuer for a revolving credit facility in the
amount of $25,000,000 and a term facility in the amount $5,000,000.
The proceeds from the two facilities were used to repay amounts
outstanding under Versar’s Second Amended and Restated Loan
and Security Agreement with United Bank and to pay the purchase
price for the acquisition of the entity now known as Versar
Security Systems, LLC.
Under the Amendment, the Lender waives all existing events of
default, and reduces the revolving facility to $13,000,000. The
interest rate on borrowings under the revolving facility and the
term facility will accrue at the LIBOR Daily Floating Rate plus
5.00%. The Amendment amends the Loan Agreement to reduce the
consolidated asset coverage ratio covenant, and adds a covenant
requiring Versar to maintain certain minimum quarterly consolidated
EBITDA amounts (as defined in the Amendment). The Amendment also
eliminates the Loan Agreement covenants requiring maintenance of a
required consolidated total leverage ratio, consolidated fixed
charge coverage ratio, and consolidated senior leverage
ratio.
In addition to the foregoing, and subject to certain conditions
regarding the use of cash collateral and other cash received to
satisfy outstanding obligations under the Loan Agreement, the
Amendment suspends all amortization payments under the term
facility such that the entire amount of the term facility shall be
due and payable on September 30, 2017. The original maturity date
under the Loan Agreement was September 30, 2018. As consideration
for the Amendment and the waiver of the existing events of default,
Versar agrees to pay an amendment fee of .5% of the aggregate
principal amount of the term facility outstanding as of November
30, 2016 plus the commitments under the revolving facility in
effect as of the same date, which fee is due and payable on the
earlier of a subsequent event of default or August 30,
2017.
Finally, the Amendment recognizes Versar’s ongoing efforts to
work with the Lender and continues the requirements to engage with
a strategic financial advisor to assist with the structuring and
consummation of a transaction the purpose of which will be the
replacement or repayment in full of all obligations under the Loan
Agreement and retain a Chief Restructuring Officer in providing
assistance to Versar.
This description of the Amendment is not complete and is qualified
in its entirety by the actual terms of the Amendment which are
attached hereto and incorporated by reference as Exhibit
10.1.
Item
9.01 Financial Statements and Exhibits.
(d) Exhibits.
10.1
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First Amendment and Waiver dated as of December 9, 2016, by and
among Versar, Inc. and Bank of America, N.A. as lender and l/c
issuer.
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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, thereunto duly authorized.
Dated: December 12, 2016
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VERSAR, INC.
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By:
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/s/ James D. Villa
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James D. Villa
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Senior Vice President and General Counsel
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