Item 1.01. Entry into a Material Definitive Agreement.
On
The 2026 Notes bear interest at a rate of 5.375% per year, and the 2027 Notes
bear interest at a rate of 5.625% per year. The 2026 Notes are due on
The Note Purchase Agreement contains customary terms and conditions for unsecured notes issued in a private placement, including, without limitation, affirmative and negative covenants such as information reporting, maintenance of the Company's status as a business development company within the meaning of the Investment Company Act of 1940, as amended, and a regulated investment company under the Internal Revenue Code of 1986, as amended, minimum shareholders' equity, minimum asset coverage ratio, maximum debt to equity ratio and prohibitions on certain fundamental changes of the Company or any subsidiary guarantor. The Note Purchase Agreement also contains customary events of default and notice periods, including, without limitation, nonpayment, incorrect representation in any material respect, breach of covenant, cross-default under other indebtedness of the Company or certain significant subsidiaries, certain judgements and orders, and certain events of bankruptcy.
The Notes have not and will not be registered under the Securities Act of 1933,
as amended (the "Securities Act"), or any state securities laws and, unless so
registered, may not be offered or sold in
The description above is only a summary of the material provisions of the Note Purchase Agreement and is qualified in its entirety by reference to a copy of the Note Purchase Agreement which is filed as Exhibit 10.1 to this current report on Form 8-K and is incorporated herein by reference thereto.
The Company issued a press release on
Item 2.03. Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant.
The disclosure set forth above under Item 1.01 is incorporated by reference herein.
Item 9.01. Financial Statements and Exhibits
(d) Exhibits 10.1* Note Purchase Agreement, datedDecember 4, 2020 , by and amongWhiteHorse Finance, Inc. and the Purchasers signatory thereto. 99.1 Press Release, datedDecember 4, 2020 , ofWhiteHorse Finance, Inc. * Exhibits and schedules to this Exhibit have been omitted in accordance with Item 601 of Regulation S-K. The registrant agrees to furnish supplementally a copy of all omitted exhibits and schedules to theSecurities and Exchange Commission upon its request.
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.
Dated:December 4, 2020 WHITEHORSE FINANCE, INC. By: /s/Joyson C. Thomas Joyson C. Thomas Chief Financial Officer
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