01/15/2026 | Press release | Distributed by Public on 01/15/2026 15:35
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Item 1.01. |
Entry into a Material Definitive Agreement. |
As previously reported, beginning on December 15, 2025 (the "Petition Date"), Zynex, Inc. (the "Company")and certain of its subsidiaries (collectively, the "Company Subsidiary Parties" and together with the Company, the "Company Parties") filed voluntary petitions (the "Chapter 11 Cases") under chapter 11 of title 11 of the United States Code (the "Bankruptcy Code") in the United States Bankruptcy Court for the Southern District of Texas (the "Court"). The Chapter 11 Cases are being jointly administered under the caption In re Zynex, Inc., et al., Case No. 25-90810.
As previously reported, on December 17, 2025, following receipt of interim approval from the Court (the "DIP Order"), the Company entered into a $22.3 million delayed draw senior secured debtor-in-possession term loan available in three draws of $10.15 million on initial draw, $5.0 million on the second draw, and $7.15 million on the third draw (the "DIP Facility") on the terms and conditions set forth in the DIP Facility credit agreement (the "DIP Credit Agreement") between the Company Parties, the DIP Lenders and Wilmington Savings Fund Society, FSB, as administrative agent and collateral agent (the "Collateral Agent"). On January 14, 2026, the Company entered into the first amendment to the DIP Credit Agreement (the "Amendment"), by and among the Company Parties, certain DIP Lenders and the Collateral Agent to extend certain milestones related to entrance of the final DIP Order, the bidding procedures order and the order granting approval of certain compensation plans.
The foregoing description of the Amendment is qualified in its entirety by reference to the full text of the Amendment, which is attached as Exhibit 10.1 hereto and incorporated by reference herein.
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Item 1.03 |
Bankruptcy or Receivership. |
On January 14, 2026, the Company Parties filed with the Court the Combined Disclosure Statement and Joint Plan of Reorganization of Zynex, Inc. and its Affiliated Debtors Pursuant to Chapter 11 of the Bankruptcy Code (as amended, supplemented, or otherwise modified from time to time, the "Disclosure Statement," "Plan and Disclosure Statement," or "Plan," as applicable) [Docket No. 175], as contemplated by the Restructuring Support Agreement, dated December 15, 2025, among the Company Parties and certain consenting creditors (the "RSA") (the "Restructuring Transactions"). The Plan is consistent with the terms of the RSA and provides for, among other things, the consummation of an equity transaction with a "Plan Sponsor," to be determined in connection with a parallel Sale Process (as defined in the Plan) and for Excess Sale Proceeds (as defined in the Plan), if any, to be distributed in accordance with the Plan.
Additional information about the Chapter 11 Cases is available at https://dm.epiq11.com/Zynex. For a copy of the Plan and Disclosure Statement filed with the Court and other documents related to court supervised process, please visit https://dm.epiq11.com/Zynex.
The information regarding the Amendment set forth in Item 1.01 of this Current Report on Form 8-K is incorporated into this Item 1.03 by reference.
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Item 2.03. |
Creation of a Direct Financial Obligation or Obligation under an Off-Balance Sheet Arrangement of a Registrant. |
The information regarding the Amendment set forth in Item 1.01 of this Current Report on Form 8-K is incorporated into this Item 2.03 by reference.