Datavault AI Inc. current report, 08 September 2023

Business Context and Reporting Period

This Form 8-K was filed by WiSA Technologies, Inc. (not Datavault AI Inc.) on September 8, 2023. The report discloses the entry into a material definitive agreement involving bridge financing. The company is incorporated in Delaware and trades on the Nasdaq Capital Market under the symbol WISA.

Key Financial Metrics and Debt

  • Debt Instrument: Term loan (Bridge Financing) with an original principal amount of $650,000.
  • Lender: Meriwether Group Capital Hero Fund LP.
  • Interest Rate: 18% per annum.
  • Maturity Date: November 7, 2023 (subject to extension).
  • Fees:
    • Origination fee: $50,000 (paid on Effective Date).
    • Exit fee: $50,000 (due on Maturity Date).
  • Security: First priority security interest in all real and personal property collateral of the Company.
  • Priority: Senior to present and future indebtedness.

Material Changes

The filing represents a new material financial obligation. The company has secured immediate liquidity through the bridge loan but has simultaneously encumbered all assets with a first-priority lien. The filing does not provide comparative financial data (revenue, profit, or cash flow) for prior periods as this is a current event report rather than a periodic financial statement.

Outlook, Risks, and Contingencies

  • Default Provisions: An event of default triggers a penalty interest rate of 24.0% per annum and allows the lender to demand immediate repayment and exercise remedies against collateral.
  • Default Triggers: Include failure to make payments, breach of covenants, material adverse changes, or the initiation of bankruptcy proceedings.
  • Extension Rights: The loan maturity is subject to further extension, though specific terms for extension are not detailed in this summary.
  • Additional Funding: The company retains the right to request additional funding under the agreement.

Investor Verification Checklist

  • Verify the company's current cash position to assess the ability to repay the $650,000 principal plus accrued interest and fees by November 7, 2023.
  • Confirm whether the "first priority security interest" covers all operational assets, potentially limiting future financing options.
  • Review the full text of Exhibit 10.1 (Loan and Security Agreement) for specific covenants and extension terms.
  • Check for any subsequent filings regarding the repayment or extension of this bridge loan.