UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 20549
FORM
CURRENT REPORT
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Securities Exchange Act of 1934
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CURRENT REPORT ON FORM 8-K
FlexShopper, Inc. (the “Company”)
August 29, 2025
Item 1.01. Entry into a Material Definitive Agreement.
On August 29, 2025, the Company, as Guarantor, and Flex Revolution, LLC, a wholly owned subsidiary of the Company, as Borrower, entered into a Forbearance and Fifth Amendment (the “Amendment”) to Credit Agreement (the “Credit Agreement”) with BP Fundco, LLC, as Administrative Agent and as a Lender.
Pursuant to the Amendment, the Administrative Agent and the Lender agreed to (a) continue to forbear on taking any action or exercising any rights or remedies available to the Administrative Agent or the Lender against the Borrower or the Guarantor, which arise from the failure of the Borrower to deliver financial statements of the Company that were required to be delivered within 120 days after the end of the Company’s fiscal year ended December 31, 2024, until the earlier of (i) September 30, 2025 or (ii) the termination of the Limited Forbearance and Reaffirmation, dated as of August 16, 2025, by and among FlexShopper 2, LLC, FlexShopper, LLC, and Powerscourt Investments 50, LP, as administrative agent thereunder (as may be amended from time to time, the “Forbearance Period”) and (b) extend the Draw Period under the Credit Agreement until September 30, 2025, subject to earlier termination due to certain trigger events; provided, that the Borrower may seek to extend the Draw Period by an additional one year.
The Draw Period allows the Borrower to borrow funds from the Lender under the credit facility extended pursuant to the Credit Agreement, subject to, among other things, the maximum borrowing limit of the credit facility and sufficient collateral. The continued effectiveness of the Forbearance Period is conditioned upon the Borrower’s entry, on or before September 30, 2025, into a backup servicing agreement with a backup servicer approved by the Administrative Agent, on terms and in a manner acceptable to the Administrative Agent, unless otherwise waived in writing by the Lenders and the Administrative Agent.
The foregoing summary description of the Amendment is qualified in its entirety by reference to the full text thereof, a copy of which is attached hereto as Exhibit 10.1 and incorporated herein in its entirety.
Item 9.01. Financial Statements and Exhibits.
(d) Exhibits. The exhibits listed in the following Exhibit Index are filed as part of this current report.
Exhibit No. |
Description | |
10.1 | Forbearance and Fifth Amendment to Credit Agreement, dated as of August 29, 2025, among Flex Revolution, LLC, as borrower, the Company, as guarantor, the Lenders party thereto and BP Fundco, LLC, as administrative agent. | |
104 | Cover Page Interactive Data File (embedded within the Inline XBRL document) |
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SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
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FLEXSHOPPER, INC. | ||
Date: September 3, 2025 | By: |
/s/ John Davis | |
Name: | John Davis | ||
Title: | President and Chief Operating Officer |
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