Zynex, Inc. (OTCBB: ZYXI), a provider of pain management systems and
electrotherapy products for medical patients with functional disability,
announces that Zynex, Inc. and its subsidiary, Zynex Medical, have
entered into a letter agreement with Marquette Healthcare Finance in
which Marquette states its willingness to waive breaches of financial
covenants by Zynex, Inc. and Zynex Medical.
In the letter agreement, Marquette indicates that Zynex did not meet the
EBITDA covenant and debt service coverage ratio covenant as of December
31, 2008 and that Zynex would not meet the EBITDA covenant as of March
31, 2009. Marquette stated its willingness to forebear taking action on
these financial covenant defaults for the quarters ended December 31,
2008 and March 31, 2009 and to waive any default fee or default interest
rate.
Marquette also stated that it will reset the minimum EBITDA covenant,
which is on a trailing 12 month basis, to be the following as of the end
of each quarterly period in 2009:
|
DATE
|
|
AMOUNT
|
|
3/31/2009
|
|
Waived
|
|
6/30/2009
|
|
$1,436,000
|
|
9/30/2009
|
|
$3,252,000
|
|
12/31/2009
|
|
$4,111,000
|
|
|
|
|
When available, financial projections for 2010 will be used to set
future EBITDA covenant targets in Marquette’s sole discretion.
With respect to Zynex’s recently announced restatement of financial
statements for the first three quarters of 2008, Marquette has waived
any breach of a representation, warranty or covenant concerning the
accuracy of the original unaudited financial statements for these
quarterly periods. Notwithstanding such waiver, Marquette expressly
reserved any right to declare a default, and any other claim, right or
remedy with respect to (a) the restated financial statements for these
quarterly periods; and (b) any fraud or intentional misrepresentation in
connection with the original financial statements for these quarterly
periods.
Marquette and Zynex will amend the line of credit to increase the margin
to 3.25% and increase the collateral monitoring fee to $1,750 per month.
The interest rate for the line of credit is the margin plus the higher
of the (i) a floating prime rate; or (ii) the floating LIBOR rate plus
2%.
About Zynex
Zynex, Inc. (founded in 1996) engineers, manufactures, markets and sells
its own design of electrotherapy medical devices in two distinct
markets: standard digital electrotherapy products for pain relief and
pain management; and the NeuroMove(TM) for stroke and spinal
cord injury (SCI) rehabilitation. Zynex's product lines are fully
developed, FDA-cleared, commercially sold, and have been developed to
uphold the Company's mission of improving the quality of life for
patients suffering from impaired mobility due to stroke, spinal cord
injury, or debilitating and chronic pain.
Safe Harbor Statement
Certain statements in this release are "forward-looking" and as such are
subject to numerous risks and uncertainties. Actual results may vary
significantly from the results expressed or implied in such statements.
Factors that could cause actual results to materially differ from
forward-looking statements include, but are not limited to, the need to
obtain additional capital in order to grow our business, larger
competitors with greater financial resources, the need to keep pace with
technological changes, our dependence on the reimbursement from
insurance companies for products sold or rented to our customers,
acceptance of our products by health insurance providers, acceptance of
our products by hospitals and clinicians, our dependence on third party
manufacturers to produce our goods on time and to our specifications,
implementation of our sales strategy including a strong direct sales
force and other risks described in our 10-KSB Report for the year ended
December 31, 2007 and our 10-Q Report for the quarter ended September
30, 2008.
Zynex, Inc.
Thomas Sandgaard, CEO, 303-703-4906
www.zynexmed.com