UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, DC 20549

 

 

FORM 8-K

 

CURRENT REPORT

 

Pursuant to Section 13 or 15(d) of the

Securities Exchange Act of 1934

 

Date of report: February 25, 2016

(Date of earliest event reported)

 

 

WhiteHorse Finance, Inc.

(Exact name of Registrant as Specified in Its Charter)

 

 

Delaware   814-00967   45-4247759

(State or Other Jurisdiction

of Incorporation)

  (Commission File Number)  

(IRS Employer

Identification No.)

 

1450 Brickell Avenue, 31st Floor

Miami, Florida

 

33131

(Address of Principal Executive Offices)    (Zip Code)

 

(305) 381-6999

(Registrant’s telephone number, including area code)

 

Not Applicable

(Former Name or Former Address, if changed since last report)

 

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):

 

¨ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
   
¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
   
¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
   
¨ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

 

 

 

Item 5.03. Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year.

 

Effective February 25, 2016, the Board of Directors of WhiteHorse Finance, Inc. (the “Company”) amended the Company’s bylaws (as amended and restated from time to time, the “Bylaws”) to provide that certain courts in Delaware will be the forum for certain litigation. In addition, provisions regarding the ability of stockholders to act by written consent and the terms of directors elected by the Board of Directors to fill vacancies were amended to track identically the corresponding language in the Company’s certificate of incorporation. The Bylaws are attached to this Current Report on Form 8-K as Exhibit 3.1.

 

Item 9.01. Financial Statements and Exhibits

 

(d) Exhibits

 

3.1Amended and Restated Bylaws

 

 

 

 

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.

 

  WHITEHORSE FINANCE, INC.
     
Date:  March 2, 2016 By:   /s/ Gerhard Lombard
  Name:  Gerhard Lombard
  Title:   

Chief Financial Officer

 

 

 

 

Exhibit Index

 

Exhibit
No.

 

Description

   
3.1   Amended and Restated Bylaws