Attached files
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 12, 2010
DayStar Technologies, Inc.
(Exact Name of Registrant as Specified in Charter)
| Delaware | 001-34052 | 84-1390053 | ||
| (State or Other Jurisdiction of Incorporation) |
(Commission File Number) |
(IRS Employer Identification No.) |
1010 South Milpitas Boulevard
Milpitas, California 95035
(Address of Principal Executive Offices) (Zip Code)
(408) 582-7100
(Registrant’s telephone number, including area code)
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 1.01 | Entry into a Material Definitive Agreement. |
On October 12, 2010, DayStar Technologies, Inc. (the “Company”) issued warrants to purchase an aggregate of 3,485,185 shares of its common stock to three of its existing investors, including the Chairman of the Board of Directors of the Company. The warrants may be exercised on or after April 12, 2011 and expire on October 11, 2015. Of the warrants issued, 2,692,594 warrants are exercisable at $1.70 per share, and the remaining 792,591 warrants have an exercise price of $1.25 per share.
| Item 3.02 | Unregistered Sales of Equity Securities. |
The disclosure provided in Item 1.01 of this Form 8-K is hereby incorporated by reference into this Item 3.02 with respect to the terms and issuance of the warrants. The issuance of the warrants was made in reliance on the exemption from registration provided by Section 4(2) of the Securities Act of 1933, as amended.
| Item 9.01 | Financial Statements and Exhibits. |
(d) Exhibits
The following exhibits are filed herewith:
| Exhibit |
Description | |
| 10.1 | Warrant to Purchase Shares of Common Stock dated October 12, 2010 issued to TD Waterhouse RRSP Account 230832S, in trust for Peter Alan Lacey as beneficiary | |
| 10.2 | Warrant to Purchase Shares of Common Stock dated October 12, 2010 issued to Tejas Securities Group, Inc. 401K Plan and trust FBO John J. Gorman, John J. Gorman TTEE | |
| 10.3 | Warrant to Purchase Shares of Common Stock dated October 12, 2010 issued to Michael Moretti | |
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.
| DAYSTAR TECHNOLOGIES, INC. | ||||||
| Date: October 13, 2010 | By | /S/ PATRICK J. FORKIN III | ||||
| Patrick J. Forkin III | ||||||
| Sr. VP - Corporate Development & Strategy | ||||||
EXHIBIT INDEX
| Exhibit |
Description | |
| 10.1 | Warrant to Purchase Shares of Common Stock dated October 12, 2010 issued to TD Waterhouse RRSP Account 230832S, in trust for Peter Alan Lacey as beneficiary | |
| 10.2 | Warrant to Purchase Shares of Common Stock dated October 12, 2010 issued to Tejas Securities Group, Inc. 401K Plan and trust FBO John J. Gorman, John J. Gorman TTEE | |
| 10.3 | Warrant to Purchase Shares of Common Stock dated October 12, 2010 issued to Michael Moretti | |