Attached files
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| EX-10.31 - SCIVANTA MEDICAL CORP | v164258_ex10-31.htm |
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
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SCIVANTA MEDICAL
CORPORATION
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(Exact name of registrant as
specified in charter)
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Nevada
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000-27119
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22-2436721
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(State
or other jurisdiction of incorporation)
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(Commission
File
Number)
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(IRS
Employer
Identification
No.)
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215
Morris Avenue, Spring Lake, New Jersey
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07762
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(Address
of principal executive offices)
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(Zip
Code)
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Registrant’s
telephone number, including area code: (732) 282-1620
(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):
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o
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Written
communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
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o
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Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
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o
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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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o
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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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Section
1 – Registrant’s Business and Operations
Item 1.01 Entry into a
Material Definitive Agreement
On
October 29, 2009, Scivanta Medical Corporation (the “Company”) and the Research
Foundation of the State University of New York, for and on behalf of the
University of Buffalo (the “Foundation”), and Donald D. Hickey, M.D. (“Hickey”)
and Clas E. Lundgren, M.D., Ph.D. (“Lundgren”) entered into a Fourth Addendum to
the Technology License Agreement dated November 10, 2006, as amended on June 29,
2007, October 24, 2008 and January 6, 2009 (the “Technology License
Agreement”). The Foundation, Hickey and Lundgren shall be
collectively referred to herein as the “Licensor.”
Pursuant
to the Fourth Addendum to the Technology License Agreement, the payment of
$158,438 that was due to Hickey no later than December 31, 2009 has been
modified. The Company now is required to make a cash payment to
Hickey of $50,000 on or before February 28, 2010 and is required to make a
second cash payment of $108,438 to Hickey on the date that is thirty (30) days
after the first commercial sale of a product utilizing the licensed technology,
but no later than October 31, 2010. In addition, certain product
development milestones and timeframes were modified as was the term of the
Technology License Agreement. Further, certain reporting requirements
to the Licensor related to product development were modified and certain
observation rights were granted to the Foundation.
Section
9 – Financial Statements and Exhibits
Item
9.01. Financial Statements and
Exhibits.
(d) Exhibits:
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Exhibit
Number
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Description
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10.31
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Fourth
Addendum to the Technology License Agreement, dated November 10, 2006, and
amended on June 29, 2007, October 24, 2008 and January 6, 2009, among
Scivanta Medical Corporation, The Research Foundation of State University
of New York, for and on behalf of the University at Buffalo, Donald D.
Hickey, M.D. and Clas E. Lundgren, M.D., Ph.D., dated October 29,
2009.
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2
SIGNATURES
Pursuant
to the requirements of the Securities Exchange Act of 1934, as amended, the
registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.
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SCIVANTA
MEDICAL CORPORATION
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(Registrant)
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By:
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/s/ David R. LaVance | |
| David R. LaVance | |||
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Chairman
of the Board, President and
Chief
Executive Officer
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Date: October
30, 2009
3
EXHIBIT
INDEX
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Exhibit
Number
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Description
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10.31
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Fourth
Addendum to the Technology License Agreement, dated November 10, 2006, and
amended on June 29, 2007, October 24, 2008 and January 6, 2009, among
Scivanta Medical Corporation, The Research Foundation of State University
of New York, for and on behalf of the University at Buffalo, Donald D.
Hickey, M.D. and Clas E. Lundgren, M.D., Ph.D., dated October 29,
2009.
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