Vapotherm Announces Debt Amendment and NYSE Continued Listing Standard Notice – Business Wire
EXETER, N.H.--(BUSINESS WIRE)--Vapotherm, Inc. (NYSE: VAPO), (Vapotherm or the Company), a global medical technology company focused on the development and commercialization of its proprietary Vapotherm high velocity therapy products, which are used to treat patients of all ages suffering from respiratory distress, today announced that, on September 30, 2022, the Company entered into an Amendment No. 2 to Loan and Security Agreement (the Second Amendment, together with the Loan and Security Agreement, the Amended Loan and Security Agreement) with SLR Investment Corp., as Collateral Agent, and the lenders party thereto.
In addition, the Company announced that it was notified (the Notice) on September 27, 2022 by the New York Stock Exchange, Inc. (the NYSE) that the Company is not in compliance with the NYSEs continued listing standards as a result of the Companys average market capitalization being less than $50 million over a consecutive 30 trading-day period and the most recently reported stockholders equity of the Company also being less than $50 million.
Second Amendment to the Loan and Security Agreement
In February 2022, the Company entered into its Loan and Security Agreement (the Loan and Security Agreement), which provided the Company with a term A loan facility (the Term A Loan Facility) of $100 million, funded at closing, and a term B loan facility of $25 million (the Term B Loan Facility), available in 2023 upon the achievement of a revenue milestone. The Loan and Security Agreement matures on February 1, 2027 (the Maturity Date). On September 30, 2022 (the Effective Date), the Company entered into the Second Amendment, which includes:
NYSE Continued Listing Standard Notice
As set forth in the Notice, as of September 27, 2022, the 30-trading day average market capitalization of the Company was approximately $48.8 million and the Companys last reported stockholders equity as of June 30, 2022 was approximately $13.7 million.
In accordance with the NYSE rules, the Company intends to notify the NYSE within 10 business days of receipt of the Notice that the Company intends to cure the deficiency. Under the NYSE rules, the Company has 45 days from the receipt of the Notice to submit a plan (the Plan) advising the NYSE of definitive action the Company has taken, or is taking, which would bring the Company into conformity with continued listed standards within 18 months of receipt of the Notice. Within 45 days of receipt of the Plan, the NYSE will make a determination as to whether the Company has made a reasonable demonstration of an ability to come into conformity with the relevant standards in the 18 month period. If the NYSE accepts the Plan, the Companys common stock will continue to be listed and traded on the NYSE during the 18 month cure period, subject to the Companys compliance with other continued listing standards, and the Company will be subject to quarterly monitoring by the NYSE for compliance with the Plan. The Companys common stock will continue to trade under the symbol VAPO, but will have an added designation of .BC to indicate the status of the common stock as being below compliance.
The NYSE notification does not affect the Companys business operations or its Securities and Exchange Commission reporting requirements, nor does it conflict with or cause an event of default under any of the Companys debt agreements.
About Vapotherm
Vapotherm, Inc. (NYSE: VAPO) is a publicly traded developer and manufacturer of advanced respiratory technology based in Exeter, New Hampshire, USA. The Company develops innovative, comfortable, non-invasive technologies for respiratory support of patients with chronic or acute breathing disorders. Over 3.5 million patients have been treated with the use of Vapotherm high velocity therapy systems. For more information, visit http://www.vapotherm.com.
Vapotherm high velocity therapy is mask-free noninvasive ventilatory support and is a front-line tool for relieving respiratory distressincluding hypercapnia, hypoxemia, and dyspnea. It allows for the fast, safe treatment of undifferentiated respiratory distress with one tool. The Precision Flow systems mask-free interface delivers optimally conditioned breathing gases, making it comfortable for patients and reducing the risks and care complexities associated with mask therapies. While being treated, patients can talk, eat, drink and take oral medication.
Website Information
Vapotherm routinely posts important information for investors on the Investor Relations section of its website, http://investors.vapotherm.com/. Vapotherm intends to use this website as a means of disclosing material, non-public information and for complying with Vapotherms disclosure obligations under Regulation FD. Accordingly, investors should monitor the Investor Relations section of Vapotherms website, in addition to following Vapotherms press releases, Securities and Exchange Commission filings, public conference calls, presentations and webcasts. The information contained on, or that may be accessed through, Vapotherms website is not incorporated by reference into, and is not a part of, this document.
Legal Notice Regarding Forward-Looking Statements
This press release contains forward-looking statements under the Private Securities Litigation Reform Act of 1995 that involve risk and uncertainties, including its intent to regain compliance with the NYSE continued listing standards. In some cases, you can identify forward-looking statements by terms such as expect, plan, anticipate, could, would, intend, believe, estimate, predict, or continue or the negative of these terms or other similar expressions, although not all forward-looking statements contain these words, and the use of future dates. Each forward-looking statement is subject to risks and uncertainties that could cause actual results to differ materially from those expressed or implied in such statement. Applicable risks and uncertainties include, but are not limited to the following: Vapotherms future financial performance and operating results; its need for additional financing; its ability to regain compliance with the NYSE continued listing standards; risks associated with the move of its manufacturing operations to Mexico; its dependence on sales generated from its Precision Flow systems; competition from multi-national corporations who have significantly greater resources than Vapotherm and are more established in the respiratory market; the ability for Precision Flow systems to gain increased market acceptance; Vapotherms inexperience directly marketing and selling its products; the potential loss of one or more suppliers and dependence on its new third party manufacturer; Vapotherms susceptibility to seasonal fluctuations; Vapotherms failure to comply with applicable United States and foreign regulatory requirements; the failure to obtain U.S. Food and Drug Administration or other regulatory authorization to market and sell future products or its inability to secure, maintain or enforce patent or other intellectual property protection for its products; the impact of the COVID-19 pandemic on its business, including its supply chain, and the other risks and uncertainties included under the heading Risk Factors in Vapotherms Annual Report on Form 10-K for the fiscal year ended December 31, 2021, as filed with the Securities and Exchange Commission on February 24, 2022, and Vapotherms most recent Quarterly Report on Form 10-Q for the quarter ended June 30, 2022 as filed with the Securities and Exchange Commission on August 3, 2022, and in any subsequent filings with the Securities and Exchange Commission. The forward-looking statements contained in this press release reflect Vapotherms views as of the date hereof, and Vapotherm does not assume and specifically disclaims any obligation to update any forward-looking statements whether as a result of new information, future events or otherwise, except as required by law.
More here:
Vapotherm Announces Debt Amendment and NYSE Continued Listing Standard Notice - Business Wire
- Availability of a second Amendment to the 2023 Universal Registration Document - Yahoo Finance - December 14th, 2024 [December 14th, 2024]
- Justices Thomas, Alito, and Gorsuch Signal Readiness to Revisit Second Amendment Licensing Disputes - USA Herald - December 14th, 2024 [December 14th, 2024]
- Supreme Court Passes On Chance To Correct Hawaii Ruling Finding Spirit Of Aloha Trumps Second Amendment - Daily Caller - December 10th, 2024 [December 10th, 2024]
- AG nominee Pam Bondi's mixed record on Second Amendment raises 'red flags' - Buckeye Firearms Association - December 8th, 2024 [December 8th, 2024]
- Nearly 100 Anti-Second Amendment Measures Proposed To Texas Legislature - Firearms News - December 8th, 2024 [December 8th, 2024]
- Sen. Cruz Takes Stand to Stop Mexico from Violating U.S. Constitution & Second Amendment - Texas Border Business - December 8th, 2024 [December 8th, 2024]
- Sen. Cruz Leads Bicameral Amicus Urging Supreme Court to Uphold American Sovereignty and the Second Amendment - TexasGOPVote - December 8th, 2024 [December 8th, 2024]
- The bill aims to protect Texans Second Amendment rights by blocking enforcement of extreme risk protective orders - The Dallas Express - December 8th, 2024 [December 8th, 2024]
- Trumps New Attorney General Pick Should Face Tough Questions at Confirmation. She Flouts the Second Amendment - The Stream - November 26th, 2024 [November 26th, 2024]
- Ames Moot Court Competition takes on the Second Amendment - Harvard Law School - November 26th, 2024 [November 26th, 2024]
- State Leaders Take Aim at the Second Amendment - The Dallas Express - November 26th, 2024 [November 26th, 2024]
- Trump's victory over Harris proves 'Second Amendment won,' gun rights groups say - Fox News - November 16th, 2024 [November 16th, 2024]
- Mecklenburg Co. Sheriff's Office stripping sober gun owners of their Second Amendment right - WCNC.com - November 16th, 2024 [November 16th, 2024]
- Where John Thune Stands on Gun Control and the Second Amendment - Guns.com - November 16th, 2024 [November 16th, 2024]
- Elections have consequences, particularly when it comes to the Second Amendment - Rome Sentinel - November 10th, 2024 [November 10th, 2024]
- Analysis: Can Arms in Common Use be Banned Under the Second Amendment? [Member Exclusive] - The Reload - November 2nd, 2024 [November 2nd, 2024]
- Where the Harris/Walz Ticket Stands on the Second Amendment - Catalyst - November 2nd, 2024 [November 2nd, 2024]
- Harris Claims She, Not Trump, Will Defend the Second Amendment | An Official Journal Of The NRA - America's 1st Freedom - November 2nd, 2024 [November 2nd, 2024]
- An NRA Shooting Sports Journal | Royce Gracie Speaks Out About NRA And The Second Amendment - Shooting Sports USA - October 29th, 2024 [October 29th, 2024]
- Future of SCOTUS and Second Amendment rights on the ballot - Buckeye Firearms Association - October 29th, 2024 [October 29th, 2024]
- A Second Amendment Rally Like No Other - MSN - October 29th, 2024 [October 29th, 2024]
- Second Amendment Voters Arent Buying Harriss Pandering But Theyre Glad She Feels Compelled to Try - National Review - October 29th, 2024 [October 29th, 2024]
- Elon Musk Gets to the Basis of the Second Amendment | An Official Journal Of The NRA - America's 1st Freedom - October 29th, 2024 [October 29th, 2024]
- Hovde and Baldwin on the Second Amendment and gun control - PBS Wisconsin - October 21st, 2024 [October 21st, 2024]
- Kamala Harris claims she's got a gun, but Second Amendment supporters say good luck getting yours - Fox News - October 14th, 2024 [October 14th, 2024]
- Trump fans fear for Second Amendment at festival of God, guns and motorcycles - FRANCE 24 English - October 14th, 2024 [October 14th, 2024]
- Second Amendment Roundup: The VanDerStok Argument - Reason - October 14th, 2024 [October 14th, 2024]
- Second Amendment Roundup: ATF's Wish to Trace More Firearms Doesn't Justify Redefining "Firearm" - Reason - October 3rd, 2024 [October 3rd, 2024]
- Harris and Walz Are Gunning for the Second Amendment - Heritage.org - October 3rd, 2024 [October 3rd, 2024]
- Travis Kelce slams NFL for punishing player over gun celebration: 'It's my second amendment! I have the right - Daily Mail - October 3rd, 2024 [October 3rd, 2024]
- Massachusetts Governor Healey Subverts Democratic Process And The Second Amendment - The Truth About Guns - October 3rd, 2024 [October 3rd, 2024]
- Local leaders take part in Peterborough Town Library discussion on Second Amendment - Monadnock Ledger Transcript - October 3rd, 2024 [October 3rd, 2024]
- An Official Journal Of The NRA | Kamala Harris Would Destroy The Second Amendment - America's 1st Freedom - September 28th, 2024 [September 28th, 2024]
- Rep. Tenney Recognized for Support of the Second Amendment - Finger Lakes Daily News - September 28th, 2024 [September 28th, 2024]
- Amy Swearer: Harris and Walz are gunning for the Second Amendment - Arizona Daily Star - September 28th, 2024 [September 28th, 2024]
- Amy Swearer: Harris and Walz are gunning for the Second Amendment - Quad-City Times - September 28th, 2024 [September 28th, 2024]
- Lower courts willingly thumb nose at SCOTUS over Second Amendment - Buckeye Firearms Association - September 28th, 2024 [September 28th, 2024]
- Glenn Grothman will defend our Second Amendment rights -- Nathan Pollnow - Madison.com - September 26th, 2024 [September 26th, 2024]
- The Second Amendment Bible Review: A Comprehensive Guide to Gun Rights and Ownership - Journal of the San Juan Islands - September 26th, 2024 [September 26th, 2024]
- Letter to the Editor: Second Amendment rights - Newton Daily News - September 26th, 2024 [September 26th, 2024]
- The Second Amendment Bible Review: A Must-Have for Every Gun Owner? - The Daily World - September 26th, 2024 [September 26th, 2024]
- NSSF Urges All Gun Owners and Second Amendment Supporters to Register to Vote and #GUNVOTE on November 5th - National Shooting Sports Foundation - September 26th, 2024 [September 26th, 2024]
- Kamala Harris for the castle doctrine, and the Second Amendment - Daily Kos - September 22nd, 2024 [September 22nd, 2024]
- People gather for Second Amendment march - WLNS - September 22nd, 2024 [September 22nd, 2024]
- Kamala Harris on Second Amendment Support, Gun Law Reform: 'Somebody Breaks in My House, Theyre Getting Shot' - Yahoo Entertainment - September 22nd, 2024 [September 22nd, 2024]
- NSSF Urges All Gun Owners and Second Amendment Supporters to Register to Vote and #GUNVOTE on November 5th - PR Newswire - September 22nd, 2024 [September 22nd, 2024]
- Harris and Walz: Gunning for the Second Amendment - Bradford Era - September 22nd, 2024 [September 22nd, 2024]
- Column: Harris and Walz are gunning for the Second Amendment - The Virginian-Pilot - September 22nd, 2024 [September 22nd, 2024]
- Amy Swearer: Harris and Walz are gunning for the Second Amendment - Madison.com - September 22nd, 2024 [September 22nd, 2024]
- AMY SWEARER: Harris and Walz: Gunning for the Second Amendment - Indiana Gazette - September 22nd, 2024 [September 22nd, 2024]
- Kamala Harris Opens Up About Gun Ownership and the Second Amendment - La Voce di New York - September 22nd, 2024 [September 22nd, 2024]
- OPINION SHAPER: Addressing mass shootings in the context of the second amendment - The Post and Courier - September 19th, 2024 [September 19th, 2024]
- The Second Amendment is the hill we are literally willing to die on - The Courier - September 19th, 2024 [September 19th, 2024]
- Defensive Gun Use Shows Second Amendment Remains Necessary, Even After Tragedies - Daily Signal - September 16th, 2024 [September 16th, 2024]
- How the Supreme Court Broadened the Second Amendment - The Trace - September 16th, 2024 [September 16th, 2024]
- Kamala Harris reminded voters she owns a gun during debate. Heres her stance on the Second Amendment - The Independent - September 16th, 2024 [September 16th, 2024]
- Second Amendment sales tax holiday expected to draw in big crowds in Mississippi - WLBT - August 31st, 2024 [August 31st, 2024]
- Massachusetts reverses switchblade carry ban, saying they are protected under Second Amendment - The Independent - August 31st, 2024 [August 31st, 2024]
- Second Amendment Sales Tax Holiday in Mississippi set for this weekend - Kosciusko Star Herald - August 31st, 2024 [August 31st, 2024]
- Second Amendment Sales Tax Holiday begins August 30th - WXXV News 25 - August 31st, 2024 [August 31st, 2024]
- Church gives away AR-15 in raffle to celebrate Independence Day - WFXL FOX 31 - July 10th, 2024 [July 10th, 2024]
- Could medical cannabis users lose their Second Amendment rights? | - 1819 News - July 10th, 2024 [July 10th, 2024]
- Jefferson Said 'Beauty of 2nd Amendment' Is It's Not Needed 'Until They Try To Take It'? - Snopes.com - June 16th, 2024 [June 16th, 2024]
- BOB BARR: When It Comes To The Second Amendment, The More Things Change The More They Remain The Same - MDJOnline.com - June 16th, 2024 [June 16th, 2024]
- Craig DeLuz: What the Supreme Court's Bump Stocks Ruling Means for the Second Amendment and Separation of ... - National Center for Public Policy... - June 16th, 2024 [June 16th, 2024]
- Trump defied the NRA to ban bump stocks, now says he 'did nothing' to restrict guns - FOX 29 - June 16th, 2024 [June 16th, 2024]
- The Rational Ruling on Bump Stocks - The New York Sun - June 16th, 2024 [June 16th, 2024]
- Theres a First Amendment right to express Second Amendment views - Washington Examiner - June 2nd, 2024 [June 2nd, 2024]
- SCOTUS unanimous for NRA in First Amendment battle - Buckeye Firearms Association - June 2nd, 2024 [June 2nd, 2024]
- How the Second Amendment Came From Our Biblical Heritage - The Stream - June 2nd, 2024 [June 2nd, 2024]
- Amateur Gunsmith Told by N.Y. Judge the Second Amendment 'Doesn't Exist' in Her Courtroom Gets 10 Years in Prison - The New York Sun - May 15th, 2024 [May 15th, 2024]
- Circuit Court Rules for Nonviolent Criminal In 2nd Amendment Case - Firearms News - May 15th, 2024 [May 15th, 2024]
- Ninth Circuit finds that convicted felons also have Second Amendment rights - White Mountain Independent - May 15th, 2024 [May 15th, 2024]
- To gun control elitists, 'bitter clingers' are also 'poor souls' - Buckeye Firearms Association - May 15th, 2024 [May 15th, 2024]
- Ninth Circuit panel: Convicted felons have Second Amendment rights - Buckeye Firearms Association - May 15th, 2024 [May 15th, 2024]
- Hawaii Supreme Court Justice Todd Eddins condemns the bogus originalism of SCOTUS. - Slate - May 15th, 2024 [May 15th, 2024]
- Wyoming joins 21-State Coalition in Lawsuit in Defending Second Amendment Rights from Federal Overreach - The Cheyenne Post - May 15th, 2024 [May 15th, 2024]
- Ninth Circuit Panel Concludes That Some Felons May Have Second Amendment Rights - Reason - May 11th, 2024 [May 11th, 2024]
- Federal judge finds no right to bear arms for protection of drug stash - Maryland Daily Record - May 11th, 2024 [May 11th, 2024]
- Analysis: Hunter Biden Gun Trial Looks Set for Election Season [Member Exclusive] - The Reload - May 11th, 2024 [May 11th, 2024]