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) March 21, 2007
HARMONIC INC.
(Exact name of Registrant as specified in its charter)
| |
|
|
|
|
| Delaware
|
|
0-25826
|
|
77-0201147 |
| |
| (State or other jurisdiction of
|
|
Commission File Number
|
|
(I.R.S. Employer |
| incorporation or organization)
|
|
|
|
Identification Number) |
549 Baltic Way
Sunnyvale, CA 94089
(408) 542-2500
(Address, including zip code, and telephone number, including area code,
of Registrant’s principal executive offices)
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.
On March 21, 2007, Harmonic Inc., a Delaware corporation (the “Company”), and Silicon Valley Bank
(the “Lender”), entered into Amendment No. 3 (the “Amendment”) to the Second Amended and Restated
Loan and Security Agreement (the “Credit Facility”), dated December 17, 2004, between the Company
and the Lender. The Amendment is effective as of March 15, 2007. Pursuant to the terms of the
Amendment, the Company and the Lender amended the terms of the Credit Facility to, among other
things:
| |
• |
|
extend the date until which the Lender will make advances to the Company under the
committed equipment line of credit from March 15, 2007 to March 5, 2008; and; |
| |
• |
|
extend the maturity date of the Credit Facility from March 15, 2007 to March 5, 2008. |
The foregoing description of the Amendment and portions of the Credit Facility does not purport to
be complete and is qualified in its entirety by reference to the full text of the Amendment,
Amendment No. 2 to the Credit Facility, dated December 15, 2006 (“Amendment No. 2”), and the Credit
Facility. A copy of the Amendment is filed with this Current Report on Form 8-K as Exhibit 10.1. A
copy of Amendment No. 2 was previously filed as Exhibit 10.1 to the Company’s Current Report on
Form 8-K filed with the Securities and Exchange Commission (the “SEC”) on December 21, 2006, and a
copy of the Credit Facility was previously filed as Exhibit 10.25 to the Company’s Annual Report on
Form 10-K for the fiscal year ended December 31, 2004, filed with the SEC on March 16, 2005.
Item 9.01. Financial Statements and Exhibits.
(d) Exhibits.
| |
|
|
| Exhibit Number |
|
Description |
10.1
|
|
Amendment No. 3 to the Second Amended and Restated Loan and
Security Agreement, dated March 21, 2007, by and between
Harmonic Inc. and Silicon Valley Bank. |
2