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EX-99.1 - STATEMENT OF ACTIVE POWER, INC. DATED MARCH 19, 2010 - ACTIVE POWER INCdex991.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)

March 22, 2010

 

 

Active Power, Inc.

(Exact name of registrant as specified in its charter)

 

 

 

Delaware   000-30939   74-2961657

(State or other jurisdiction

of incorporation)

  (Commission File Number)  

(IRS Employer

Identification No.)

2128 W. Braker Lane, BK12

Austin, Texas 78758

(Address of principal executive offices, including zip code)

(512) 836-6464

(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:

 

¨ 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 7.01. Regulation FD Disclosure.

On March 22, 2010, Active Power, Inc., a Delaware corporation (the “Company”), posted a statement on its website at http://www.activepower.com announcing that Gary Rackow, the Company’s Vice President of Sales for the Americas, passed away on March 16, 2010.

The full text of the statement is attached hereto as Exhibit 99.1. In accordance with General Instruction B.2 of Form 8-K, the information in Item 7.01 in this Current Report on Form 8-K, including Exhibit 99.1 hereto, shall not be deemed “filed” for the purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or otherwise subject to the liabilities of that section, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933, as amended, or the Exchange Act, except as shall be expressly set forth by specific reference in such a filing. The information on the Company’s website is not, and shall not be deemed to be, part of this Form 8-K or incorporated into any filing the Company makes with the Securities and Exchange Commission, except as expressly set forth in such a filing.

 

Item 9.01 Financial Statements and Exhibits.

 

(d)

   Exhibits

99.1

   Statement of Active Power, Inc. dated March 22, 2010.


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.

 

         ACTIVE POWER, INC.

Date: March 22, 2010

      By:   

/s/    JOHN K. PENVER        

        

John K. Penver

Chief Financial Officer


EXHIBIT INDEX

 

Exhibit
No.

 

Description

99.1   Statement of Active Power, Inc. dated March 22, 2010.