Waiver of Default and Conditional Loan Extension Agreement between Amegy Bank and Fuse Medical, Inc.

Summary

Amegy Bank notifies Fuse Medical, Inc. that it is waiving the company's default on a loan agreement for failing to meet a financial covenant as of September 30, 2021. This waiver applies only to the specified default and does not cover any other or future defaults. The bank also states it is considering extending the loan's maturity to February 4, 2022, pending approval and execution of necessary documents by both parties. All other rights and remedies under the loan agreement remain reserved by the bank.

EX-10.1 2 fzmd-ex101_101.htm EX-10.1 fzmd-ex101_101.htm

Exhibit 10.1

 

November 8, 2021

 

 

Mr. Bill McLaughlin

 

Fuse Medical, Inc.

1565 N Central Expy Ste. 200 Richardson, TX

 

Re:Fuse Medical, Inc. Loan Agreement

 

Dear Mr. McLaughlin,

 

Fuse Medical, Inc. is in default of the above-referenced indebtedness pursuant to the terms of the Note and other documents evidencing, securing or pertaining to the indebtedness. The default arose from non-compliance with the minimum trailing twelve-month EBITDA covenant for the period ending 9/30/2021.

 

These violations constitute an Event of Default (as defined in the Loan Agreement) under the Loan Agreement (the “Default”).

 

This letter constitutes notice by the Bank to Fuse Medical, Inc. that the Bank has waived the aforementioned defaults for 9/30/2021. This letter does not constitute a waiver of any default or Event of Default under the Loan Agreement except for the Default(s) described in the preceding paragraphs, or an agreement to waive any future defaults or Events of Default under the Loan Agreement, and no such inference, assumption, or course of dealing shall be created hereby. The Bank expressly reserves any and all rights and remedies under the Notes, the Loan Agreement, and all other documents executed in connection therewith, at law and in equity.

 

In addition, the Bank is process of extending maturity to 2/4/2022 subject to approval and execution of all documents by Borrower and Bank

 

Sincerely,

 

Nicholas J. Diaz

Executive Vice President

Amegy Bank