Item 1.01. Entry Into Material Definitive Agreement.
On November 27, 2013 we entered into an Account Purchase Agreement with Accesstel Investors LLC, a California limited liability company (the "Buyer"), pursuant which we sold the Buyer an interest in one of our accounts receivable. Specifically, we sold a 53% interest in a $1.875 million account receivable. The purchase price for the interest was $875,000 in cash, plus the issuance of 4,000,000 shares of common stock, $0.0001 par value.
We agreed to use the proceeds from the sale to meet our operating expenses including accrued payroll expenses, to make monthly payments under our Loan and Security Agreement with Silicon Valley Bank, and to make payments to contract manufacturers to manufacture products to fulfill new customer orders. We also agreed to appoint a representative from the Buyer to serve on our board of directors until the later of the our next annual meeting of stockholders or the date the account receivable is paid in full. See Item 5.02 below.
On November 25, 2013 we entered into a Forbearance and Second Amendment to Loan and Security Agreement with Silicon Valley Bank (the "Forbearance Agreement"). In connection with the Forbearance Agreement, Silicon Valley Bank consented to the sale of the interest in the account receivable under the Account Purchase Agreement. The bank also agreed to forbear from exercising any of its rights or remedies related to our existing events of default under the Loan and Security Agreement until December 20, 2013, provided that we meet the terms of the Forbearance Agreement.
The foregoing summary description of the Account Purchase Agreement and the Forbearance Agreement is qualified by reference to the complete copy of each agreement, both of which are filed as exhibits to this report.
AI
