secwatch / observer
8-K filed December 14, 2022, 6:59 PM ET CIK 0001839608
M&A confidence high sentiment negative materiality 0.90

Getaround, Inc: M&A transaction — Getaround completes de-SPAC merger; 94% of public shares redeemed; $175M notes issued

Getaround, Inc

Key facts

Extracted from this filing and checked against the source text.

Debt Financings SEC 8-K Item 2.03/2.04 confidence 0.9

Getaround, Inc incurred convertible notes of $175.0 million with Mudrick Capital Management L.P. on behalf of certain funds, investors, entities or accounts at 8.00% per annum (if paid in cash) or 9.50% per annum (if paid in-kind) maturing December 8, 2027.

Instrument
convertible notes
Principal
$175.0 million
Counterparty
Mudrick Capital Management L.P. on behalf of certain funds, investors, entities or accounts
Rate
8.00% per annum (if paid in cash) or 9.50% per annum (if paid in-kind)
Maturity
December 8, 2027
Event
incurrence
Exact text from the filing
the Company issued and sold to the Convertible Notes Subscriber an aggregate of $175.0 million principal amount of senior secured convertible notes
View on SEC.gov
Governance Changes SEC 8-K Item 5.03/5.05/5.06 confidence 0.9

Getaround, Inc: Adopted a new code of business conduct and ethics.

Change
code of ethics
Exact text from the filing
On the Closing Date, in connection with the Closing, the Board adopted a new code of business conduct and ethics applicable to all of the Company’s directors, employees and contractors.
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Governance Changes SEC 8-K Item 5.03/5.05/5.06 confidence 0.9

Getaround, Inc: Company ceased to be a shell company as a result of the Business Combination.

Change
shell status
Exact text from the filing
As a result of the Business Combination, the Company ceased to be a shell company.
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Governance Changes SEC 8-K Item 5.03/5.05/5.06 confidence 0.9

Getaround, Inc: Adopted amended and restated bylaws.

Change
bylaw amendment
Exact text from the filing
and adopted amended and restated bylaws (the “Amended and Restated Bylaws”), which became effective immediately prior to the Closing.
View on SEC.gov
Governance Changes SEC 8-K Item 5.03/5.05/5.06 confidence 0.9

Getaround, Inc: Amended and restated certificate of incorporation.

Change
charter amendment
Exact text from the filing
On the Closing Date, the Company amended and restated its certificate of incorporation (as amended and restated, the “Amended and Restated Charter”), which became effective upon filing with the Secretary of State of the State of Delaware on the Closing Date
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M&A Transactions SEC 8-K Item 2.01/5.01 confidence 0.9

Getaround, Inc completed an acquisition involving Getaround, Inc. for Getaround stockholders received 0.32025 shares of InterPrivate II Class A common stock per share, plus potential Bonus Shares and earnout shares. (closed 2022-12-08).

Action
acquisition
Counterparty
Getaround, Inc.
Consideration
Getaround stockholders received 0.32025 shares of InterPrivate II Class A common stock per share, plus potential Bonus Shares and earnout shares.
Closing
2022-12-08
Exact text from the filing
Getaround Bridge Notes, in each case immediately prior to the Closing) (other than any cancelled shares or dissenting shares) was canceled and converted into the right to receive 0.32025 shares of InterPrivate II Class A common stock, par value $0.0001 per share (“Class A Stock”); (ii) all Getaround Options were assumed by InterPrivate II and converted into
View on SEC.gov
Material Agreements SEC 8-K Item 1.01/1.02 confidence 0.95

Getaround, Inc entered into Convertible Notes Indenture with Getaround, subsidiary guarantors, U.S. Bank Trust Company, National Association as trustee and collateral agent, and Mudrick Capital Management L.P. on behalf of certain funds valued at $175.0 million principal amount of senior secured convertible notes, 8.00% cash interest (or 9.50% P (effective 2022-12-08).

Action
entry
Agreement
notes offering
Counterparty
Getaround, subsidiary guarantors, U.S. Bank Trust Company, National Association as trustee and collateral agent, and Mudrick Capital Management L.P. on behalf of certain funds
Value
$175.0 million principal amount of senior secured convertible notes, 8.00% cash interest (or 9.50% P
Effective
2022-12-08
Exact text from the filing
the Company issued and sold to the Convertible Notes Subscriber an aggregate of $175.0 million principal amount of senior secured convertible notes (the “Convertible Notes”). The terms of the Convertible Notes are set forth in the Indenture, dated as of December 8, 2022 (the “Convertible Notes Indenture”), by and among the Company, the subsidiary guarantors party thereto and U.S. Bank Trust Company, National Association, as trustee and collateral agent, and the form of global note attached thereto.
View on SEC.gov
Material Agreements SEC 8-K Item 1.01/1.02 confidence 0.95

Getaround, Inc amended Amendment No. 1 to the Merger Agreement with InterPrivate II, First Merger Sub, Second Merger Sub and Getaround valued at Re-allocated 1,666,667 shares of Closing Merger Consideration to increase Escrow Shares from 9,333,3 (effective 2022-12-08).

Action
amendment
Agreement
merger
Counterparty
InterPrivate II, First Merger Sub, Second Merger Sub and Getaround
Value
Re-allocated 1,666,667 shares of Closing Merger Consideration to increase Escrow Shares from 9,333,3
Effective
2022-12-08
Exact text from the filing
InterPrivate II, First Merger Sub, Second Merger Sub and Getaround entered into Amendment No. 1 to the Merger Agreement (the “Merger Agreement Amendment”), pursuant to which the parties thereto agreed, among other things, to re-allocate 1,666,667 shares of Closing Merger Consideration (the “Re-Allocated Shares”) to the number of Escrow Shares, resulting in an aggregate of 11,000,000 Escrow Shares available for issuance as Bonus Shares to the non-redeeming holders of Class A Stock and Class B Stock pursuant to the Escrow Shares Allocation Agreement.
View on SEC.gov

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Source: SEC EDGAR
accession 0001193125-22-304902
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