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)
December
2, 2009
__________________________________
(Exact
name of registrant as specified in its charter)
__________________________________
|
Delaware
|
0-26053
|
84-1342898
|
|
(State
or other jurisdiction of incorporation)
|
(Commission
File Number)
|
(IRS
Employer Identification No.)
|
60-D
Commerce Way
Totowa, New Jersey
07512
(Address
of principal executive offices including zip code)
(973)
237-9499
(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):
o Written communications pursuant to Rule
425 under the Securities Act (17 CFR 230.425)
o Soliciting material pursuant to Rule
14a-12 under the Exchange Act (17 CFR 240.14a-12)
o Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
o Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))
Item
8.01 Other Events
On
December 2, 2009, MDU Communications (USA) Inc., a wholly owned subsidiary of
MDU Communications International, Inc., (collectively, “Company”) executed an
agreement with AT&T Video Services, Inc. (“ATTVS”) to acquire up to 20,000
of its DIRECTV® and private cable subscribers, the associated access agreements
and the related video equipment assets located in 213 multi-family
properties. The agreement provides for an extended timeline with
multiple closings in order to effect a smooth transition and allow for required
property consents to assignment and notice periods. It is anticipated that the
first round of properties may close sometime in the first calendar quarter,
however, no representation is being made as to the timing or number of
subscriber assets for any closing.
The ATTVS
subscribers are comprised of approximately 15,000 DIRECTV subscribers and 5,000
private cable subscribers in approximately 63,000 units passed by wire with the
majority of subscribers located in properties signed to exclusive access
agreements. The acquisition purchase price, to be paid in cash at each closing,
will fall within a range dependent upon the type of equipment/system installed,
the services being offered, the number of subscribers and contractual term
remaining as of the specific closing date. The subscribers are mainly clustered
around the Company’s already established Texas market with a secondary cluster
in California. The Company intends to fold its current 3,100 Texas subscribers,
along with the ATTVS subscribers (as they close), into a newly created Company
Southern Region.
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.
| MDU COMMUNICATIONS INTERNATIONAL, INC. | |||
|
|
By:
|
/s/ Sheldon Nelson | |
| Sheldon Nelson | |||
| Chief Executive Officer | |||
Dated:
December 8, 2009