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EX-10.1 - CREDIT AGREEMENT - Hoku Corpex10-1.htm

UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
 
FORM 8-K/A
(Amendment No. 1)
 
CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(D) OF THE
SECURITIES EXCHANGE ACT OF 1934
 
Date of Report (Date of Earliest Event Reported):  August 16, 2010
 
HOKU CORPORATION
(Exact name of Registrant as specified in its charter)
 
Delaware
 
000-51458
 
99-0351487
(State or other jurisdiction
of incorporation)
 
(Commission
File Number)
 
(I.R.S. Employer
Identification No.)
 
1288 Ala Moana Blvd., Suite 220, Honolulu, Hawaii
 
96814
(Address of principal executive offices)
 
(Zip Code)
 
Registrant’s telephone number, including area code:  (808) 682-7800
 
Not Applicable
(Former name and 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):

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))
 
 
 

 
 
EXPLANATORY NOTE

Hoku Corporation (the “Company”) is filing this Amendment No. 1 (“Amendment No. 1”) to its Current Report on Form 8-K filed on August 19, 2010 (the “Form 8-K”) for the sole purpose of including a copy of Exhibit 10.1 (Credit Agreement, dated August 16, 2010, between Hoku Corporation and China Merchants Bank Co., Ltd., New York Branch) which was inadvertently omitted from the Form 8-K.  Except for the foregoing, this Amendment No. 1 does not amend the Form 8-K in any way and does not modify or update any disclosures contained in the Form 8-K, which continues to speak as of the original date of the Form 8-K. Accordingly, this Amendment No. 1 should be read in conjunction with the Form 8-K and the Company’s other filings made with the Securities and Exchange Commission subsequent to the Form 8-K.
 
Item 9.01.
Financial Statements and Exhibits.
 
(d) Exhibits.


Exhibit
No.
 
Exhibit Description
 
Form
 
File Number
 
Exhibit
 
Filing
Date
 
Filed
Herewith
10.1
 
Credit Agreement, dated August 16, 2010, between Hoku Corporation and China Merchants Bank Co., Ltd., New York Branch.
                 
*
                         
99.1
 
Press Release, entitled, “Hoku Announces Amendments to JH Kelly Construction Contract and Additional Loan from China Merchants Bank,” dated August 19, 2010
 
8-K
 
000-51458
 
99.1
 
8/19/10
   
 
 
 

 
 
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.
 
 
HOKU CORPORATION
     
Date:  April 26, 2011
By:
 /s/ Scott Paul
   
Name:
Scott Paul
   
Title:
 
Chief Executive Officer
       
 
 
 

 
 
EXHIBIT INDEX

Exhibit
No.
 
Exhibit Description
 
Form
 
File Number
 
Exhibit
 
Filing
Date
 
Filed
Herewith
10.1
 
Credit Agreement, dated August 16, 2010, between Hoku Corporation and China Merchants Bank Co., Ltd., New York Branch.
                 
*
                         
99.1
 
Press Release, entitled, “Hoku Announces Amendments to JH Kelly Construction Contract and Additional Loan from China Merchants Bank,” dated August 19, 2010
 
 
8-K
 
000-51458
 
99.1
 
8/19/10