UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
Washington,
D.C. 20549
FORM
8-K
Current
Report
Pursuant
to Section 13 or 15(d) of the Securities Exchange Act of 1934
Date
of Report (Date of earliest event reported): October 29, 2009
ZOO
ENTERTAINMENT, INC.
(Exact
name of registrant as specified in its charter)
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Delaware
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333-124829
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71-1033391
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(State
or Other Jurisdiction
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(Commission
File Number)
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(I.R.S.
Employer
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of
Incorporation)
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Identification
No.)
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2121
Avenue of the Stars, Suite 2550
Los
Angeles, CA 90067
(Address
of principal executive
offices
including zip code)
(310)
601-2500
(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:
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¨
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Written
communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
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¨
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Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
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¨
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Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
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¨
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Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))
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ITEM
8.01. OTHER EVENTS.
On July
31, 2009, Zoo Entertainment, Inc. (the “Company”) filed a definitive Information
Statement with respect to certain corporate matters that have subsequently been
enacted. As a matter of required disclosure, such filing included a
table on page six setting forth, among other individuals, the names of persons
known to the Company who own greater than 5% of the Company’s outstanding common
stock. It has come to the Company’s attention that the information
with respect to one of the individuals, Harris Toibb, contains an immaterial
typographical error. Accordingly, the correct information should have
indicated that Harris Toibb beneficially owned 2,077,309 shares of common stock,
representing 6.8%. In addition, Harris Toibb’s footnote should state
“(5) Consists of 1,800,768 shares of Common Stock and immediately exercisable
warrants to purchase 276,541 shares of Common Stock, but does not include
warrants to purchase 2,272,727 shares of Common Stock that are not exercisable
within sixty (60) days as a result of a 4.99% ownership limitation contained in
the warrants. The address of Harris Toibb is 6355 Topenga Boulevard,
Suite 335, Woodland Hills, CA 91367.” The Company is filing this
Current Report on Form 8-K at the request of such individual.
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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Date:
October 29, 2009
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ZOO
ENTERTAINMENT, INC.
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By:
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/s/ David Fremed
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Name:
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David
Fremed
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Title:
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Chief Financial
Officer
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