secwatch / observer
8-K filed January 24, 2023, 6:59 PM ET CIK 0001576169
M&A confidence high sentiment neutral materiality 0.75

Benefitfocus, Inc.: M&A transaction — Voya Financial completes acquisition of Benefitfocus for $10.50 per share in cash

Benefitfocus, Inc.

Executive movements

Machine-extracted from this filing. Every card cites the SEC source. See all recent executive movements.

Appointed

Michael R. Katz

Director
Benefitfocus, Inc.
Effective
2023-01-24
Filed
January 24, 2023, 6:59 PM ET
Michael R. Katz and Michelle P. Luk will be the directors of the Surviving Corporation.
Appointed

Michelle P. Luk

Director
Benefitfocus, Inc.
Effective
2023-01-24
Filed
January 24, 2023, 6:59 PM ET
Michael R. Katz and Michelle P. Luk will be the directors of the Surviving Corporation.

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

Benefitfocus, Inc. faced acceleration on convertible notes of $1,000 principal amount at 1.25% maturing 2023.

Instrument
convertible notes
Principal
$1,000 principal amount
Rate
1.25%
Maturity
2023
Event
acceleration
Exact text from the filing
The consummation of the Merger also constitutes a Fundamental Change and a Make-Whole Fundamental Change (each as defined in the Indenture). Pursuant to the Indenture, each Holder (as defined in the Indenture) has the option, subject to certain conditions, to require the Company to repurchase the Notes of such Holder in a principal amount equal to $1,000 or an integral multiple thereof on February 22, 2023 (the “Fundamental Change Repurchase Date”).
View on SEC.gov
Executive change SEC 8-K Item 5.02 confidence 0.95

Michael R. Katz was appointed as Director at Benefitfocus, Inc..

Action
appointed
Role
Director
Exact text from the filing
Michael R. Katz and Michelle P. Luk will be the directors of the Surviving Corporation.
View on SEC.gov
Executive change SEC 8-K Item 5.02 confidence 0.95

Michelle P. Luk was appointed as Director at Benefitfocus, Inc..

Action
appointed
Role
Director
Exact text from the filing
Michael R. Katz and Michelle P. Luk will be the directors of the Surviving Corporation.
View on SEC.gov
Governance Changes SEC 8-K Item 5.03/5.05/5.06 confidence 0.9

Benefitfocus, Inc.: The Company's bylaws were amended and restated in their entirety.

Change
bylaw amendment
Exact text from the filing
Immediately following the Effective Time, the Company’s certificate of incorporation and bylaws were amended and restated in their entirety.
View on SEC.gov
Governance Changes SEC 8-K Item 5.03/5.05/5.06 confidence 0.9

Benefitfocus, Inc.: The Company's certificate of incorporation was amended and restated in its entirety.

Change
charter amendment
Exact text from the filing
Immediately following the Effective Time, the Company’s certificate of incorporation and bylaws were amended and restated in their entirety.
View on SEC.gov
M&A Transactions SEC 8-K Item 2.01/5.01 confidence 0.9

Benefitfocus, Inc. underwent a change of control involving Voya Financial, Inc. for $10.50 per share in cash (closed 2023-01-24).

Action
change of control
Counterparty
Voya Financial, Inc.
Consideration
$10.50 per share in cash
Closing
2023-01-24
Exact text from the filing
did not vote in favor of the Merger and have properly demanded and not withdrawn or otherwise lost appraisal rights under Delaware law) was converted into the right to receive $10.50 per share in cash, without interest and subject to any applicable withholding taxes (the “Per Share Common Stock Merger Consideration”) and (ii) each share of the Series A
View on SEC.gov
Material Agreements SEC 8-K Item 1.01/1.02 confidence 0.9

Benefitfocus, Inc. amended First Supplemental Indenture with U.S. Bank Trust Company, National Association (effective 2023-01-24).

Action
amendment
Agreement
notes offering
Counterparty
U.S. Bank Trust Company, National Association
Effective
2023-01-24
Exact text from the filing
the Company and the Trustee entered into a First Supplemental Indenture to the Indenture, dated as of January 24, 2023 (the "First Supplemental Indenture")
View on SEC.gov
Material Agreements SEC 8-K Item 1.01/1.02 confidence 0.9

Benefitfocus, Inc. terminated Credit Agreement with JPMorgan Chase Bank, N.A., as administrative agent, joint lead arranger and sole bookrunner and Wells Fargo Securities, LLC and Regions Bank as joint lead arrangers (effective 2023-01-24).

Action
termination
Agreement
credit facility
Counterparty
JPMorgan Chase Bank, N.A., as administrative agent, joint lead arranger and sole bookrunner and Wells Fargo Securities, LLC and Regions Bank as joint lead arrangers
Effective
2023-01-24
Exact text from the filing
on January 24, 2023, all outstanding obligations in respect of principal, interest and fees under that certain Credit Agreement, dated as of August 17, 2022 (the "Credit Agreement"), with JPMorgan Chase Bank, N.A., as administrative agent, joint lead arranger and sole bookrunner and Wells Fargo Securities, LLC and Regions Bank as joint lead arrangers, were repaid, and the Credit Agreement and all liens arising thereunder were terminated
View on SEC.gov

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Source: SEC EDGAR
accession 0001193125-23-013732
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