---
schema_version: "secwatch.filing_event.v1"
accession: "0001104659-23-077105"
form_type: "8-K"
ticker: null
cik: "0001934064"
company_name: "ProSomnus, Inc."
filed_at: "2023-06-30T23:59:59+00:00"
generated_at: "2026-06-13T14:24:41.617991+00:00"
event_type: "debt"
sentiment: "neutral"
materiality_score: 0.55
calibrated_materiality_score: 0.55
confidence: "high"
source: SEC EDGAR
---

# ProSomnus amends convertible note indentures, adds mandatory redemption

## Summary
- Amends Senior Secured Convertible Notes due 2025; quarterly redemption of $847,990 begins Oct 1, 2024.
- Amends Subordinated Secured Convertible Notes due 2026; minimum EBITDA and revenue covenants revised.
- Both amendments modify financial covenants (minimum EBITDA, minimum revenue) in existing indentures.

## SEC filing metadata
- accession: 0001104659-23-077105
- form_type: 8-K
- cik: 0001934064
- company_name: ProSomnus, Inc.
- filed_at: 2023-06-30T23:59:59+00:00
- event_type: debt
- sentiment: neutral
- materiality_score: 0.55
- calibrated_materiality_score: 0.55
- confidence: high
- sec_items: 1.01, 2.03, 9.01
- EDGAR index: https://www.sec.gov/Archives/edgar/data/1934064/000110465923077105/0001104659-23-077105-index.htm
- EDGAR primary document: https://www.sec.gov/Archives/edgar/data/1934064/000110465923077105/tm2320309d1_8k.htm

## Machine-readable alternates
- HTML: https://secwatch.observer/filing/0001104659-23-077105
- JSON: https://secwatch.observer/filing/0001104659-23-077105.json
- Plain text: https://secwatch.observer/filing/0001104659-23-077105.txt

## Key facts
- Debt Financings
  ProSomnus, Inc. amended convertible notes with Wilmington Trust, National Association maturing April 6, 2026.
  - Instrument: convertible notes
  - Counterparty: Wilmington Trust, National Association
  - Maturity: April 6, 2026
  - Event: amendment
  source text: On June 29, 2023, the Company entered into the First Supplemental Indenture (the “Subordinated Supplemental Indenture”) to that certain Indenture, dated December 6, 2022, by and among the Company, ProSomnus Holdings, Inc. and ProSomnus Sleep Technologies, Inc., as guarantors, and Wilmington Trust, National Association, as trustee and collateral agent (as amended, the “Subordinated Indenture”), pursuant to which the Company issued its Subordinated Secured Convertible Notes due April 6, 2026.
  evidence_url: https://www.sec.gov/Archives/edgar/data/1934064/000110465923077105/0001104659-23-077105-index.htm
- Debt Financings
  ProSomnus, Inc. amended convertible notes with Wilmington Trust, National Association maturing December 6, 2025.
  - Instrument: convertible notes
  - Counterparty: Wilmington Trust, National Association
  - Maturity: December 6, 2025
  - Event: amendment
  source text: On June 29, 2023, ProSomnus, Inc. (the “Company”) entered into the First Supplemental Indenture (the “Senior Supplemental Indenture”) to that certain Indenture, dated December 6, 2022, by and among the Company, ProSomnus Holdings, Inc. and ProSomnus Sleep Technologies, Inc., as guarantors, and Wilmington Trust, National Association, as trustee and collateral agent (as amended, the “Senior Indenture”), pursuant to which the Company issued its Senior Secured Convertible Notes due December 6, 2025 (the “Senior Convertible Notes”).
  evidence_url: https://www.sec.gov/Archives/edgar/data/1934064/000110465923077105/0001104659-23-077105-index.htm
- Material Agreements
  ProSomnus, Inc. amended First Supplemental Indenture (the "Senior Supplemental Indenture") with Wilmington Trust, National Association (effective 2023-06-29).
  - Action: amendment
  - Agreement: notes offering
  - Counterparty: Wilmington Trust, National Association
  - Effective: 2023-06-29
  source text: On June 29, 2023, ProSomnus, Inc. (the “Company”) entered into the First Supplemental Indenture (the “Senior Supplemental Indenture”) to that certain Indenture, dated December 6, 2022, by and among the Company, ProSomnus Holdings, Inc. and ProSomnus Sleep Technologies, Inc., as guarantors, and Wilmington Trust, National Association, as trustee and collateral agent (as amended, the “Senior Indenture”), pursuant to which the Company issued its Senior Secured Convertible Notes due December 6, 2025 (the “Senior Convertible Notes”).
  evidence_url: https://www.sec.gov/Archives/edgar/data/1934064/000110465923077105/0001104659-23-077105-index.htm
- Material Agreements
  ProSomnus, Inc. amended First Supplemental Indenture (the "Subordinated Supplemental Indenture") with Wilmington Trust, National Association (effective 2023-06-29).
  - Action: amendment
  - Agreement: notes offering
  - Counterparty: Wilmington Trust, National Association
  - Effective: 2023-06-29
  source text: On June 29, 2023, the Company entered into the First Supplemental Indenture (the “Subordinated Supplemental Indenture”) to that certain Indenture, dated December 6, 2022, by and among the Company, ProSomnus Holdings, Inc. and ProSomnus Sleep Technologies, Inc., as guarantors, and Wilmington Trust, National Association, as trustee and collateral agent (as amended, the “Subordinated Indenture”), pursuant to which the Company issued its Subordinated Secured Convertible Notes due April 6, 2026.
  evidence_url: https://www.sec.gov/Archives/edgar/data/1934064/000110465923077105/0001104659-23-077105-index.htm

This AI-assisted summary is a reading aid. Review the linked SEC EDGAR filing before relying on any specific claim.
