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EX-10.1 - SPONGETECH DELIVERY SYSTEMS INC | v176145_ex10-1.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): February 28,
2010
Spongetech
Delivery Systems, Inc.
(Exact
Name of Registrant as Specified in Charter)
Delaware
|
000-53791
|
54-2077231
|
(State
or other jurisdiction
|
(Commission
File Number)
|
(IRS
Employer
|
of
incorporation)
|
Identification
No.)
|
|
10
West 33rd Street, Suite 518
|
10001
|
|
New
York, New York
|
(Zip
Code)
|
|
(Address
of principal executive offices)
|
Registrant's
telephone number, including area code: (212) 695-7850
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:
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
CFR240.14d-2(b))
o Pre-commencement
communications pursuant to Rule 13e-4 (c) under the Exchange Act (17
CFR240.13e-4(c))
CURRENT
REPORT ON FORM 8-K
Spongetech
Delivery Systems, Inc.
February
28, 2010
Item
8.01.
|
Other
Events.
|
In July
2008, RM Enterprises International, Inc., a company that is our majority
stockholder and which is controlled by certain of our officers and directors,
agreed to grant us the right, exercisable by us at any time on or prior to
February 28, 2010, to repurchase all or any portion of the 267,154,132 shares
issued that RM Enterprises International had purchased from us since January 1,
2008 at the original price paid by RM Enterprises International to us for such
shares, or an aggregate of $4,918,432.46 for all of such shares. On
February 28, 2010, RM Enterprises International agreed to extend the date by
which such repurchase right may be exercised by us to August 31,
2011. A copy of the amendment to the stock repurchase rights letter
agreement is attached as Exhibit 10.1 and incorporated herein by
reference.
Item
9.01.
|
Financial Statements and Exhibits. |
(d) Exhibits.
10.1
|
Amendment
to Stock Repurchase Rights Letter Agreement, dated February 28, 2010,
between RM Enterprises International, Inc. and Spongetech Delivery
Systems, Inc.
|
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.
Spongetech Delivery Systems, Inc. | |||
Date:
February 28, 2010
|
By:
|
/s/ Steven Y. Moskowitz | |
Steven
Y. Moskowitz
|
|||
Chief Financial Officer and Chief Operating Officer | |||