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): April 22, 2011
Motricity, Inc.
(Exact name of registrant as specified in its charter)
| Delaware | 001-34781 | 20-1059798 | ||
| (State or Other Jurisdiction of Incorporation or Organization) |
(Commission File Number) |
(IRS Employer Identification No.) |
601 108th Avenue Northeast
Suite 800
Bellevue, WA 98004
98004
(Address of Principal Executive Offices, including Zip Code)
(425) 957-6200
(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 1.01 | Entry Into a Material Definitive Agreement |
As of April 22, 2011, the Initial Term of the Second Amended and Restated Wireless Services Agreement #00014249, effective as of July, 22, 2005, between Motricity, Inc., f/k/a InfoSpace Mobile, Inc. and AT&T Mobility LLC, f/k/a Cingular Wireless LLC, as amended (the “Agreement”), for the delivery of M3 and att.net mobile portal services ended and automatically rolled into a perpetual agreement that maintains it’s existing provisions and terms including pricing. Under such terms, the Agreement can be terminated by either party upon six (6) months written notice.
The Agreement was filed as Exhibit 10.3 to Motricity, Inc.’s Registration Statement on Form S-1/A, File No. 333-164471, filed June 2, 2010 with the Securities and Exchange Commission.
Signature
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.
| MOTRICITY, INC. (Registrant) | ||||
| April 25, 2011 | By: | /s/ Richard E. Leigh, Jr. | ||
| (Date) | Richard E. Leigh, Jr. Senior Vice President, General Counsel and Corporate Secretary | |||