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EX-10.2 - BOULDER BRANDS, INC.v220128_ex10-2.htm
EX-10.1 - BOULDER BRANDS, INC.v220128_ex10-1.htm
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, DC 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)   February 23, 2011
 
SMART BALANCE, INC.
(Exact name of registrant as specified in its charter)
 
         
Delaware
 
001-33595
 
20-2949397
(State or other jurisdiction
of incorporation)
 
(Commission
File Number)
 
(IRS Employer
Identification No.)
 
     
115 West Century Road - Suite 260
Paramus, New Jersey
 
07652
(Address of principal executive offices)
 
(Zip Code)
 
Registrant’s telephone number including area code: (201) 568-9300
 
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))
 
 
 

 
Explanatory Note.

On February 28, 2011, Smart Balance, Inc. (the “Company”) filed a Current Report on Form 8-K (the “Original Report”) with the Securities and Exchange Commission (the “SEC”) to report that GFA Brands, Inc., a subsidiary of the Company, entered into (i) an Amended and Restated Manufacturing Agreement with Ventura Foods, LLC (the “Ventura Agreement”) and (ii) a supplemental Manufacturing Agreement with Kagome Creative Foods, Inc. (the “Kagome Agreement”).  This Form 8-K/A amends the Original Report solely to include the Ventura Agreement and the Kagome Agreement as Exhibit 10.1 and Exhibit 10.2, respectively.  All other information reported in the Original Report remains unchanged and is incorporated herein by reference.

Item 9.01.    Financial Statements and Exhibits.
 
(d)
 
Exhibits.
 
10.1
Amended and Restated Manufacturing Agreement, effective as of January 1, 2011, by and between GFA Brands, Inc. and Ventura Foods, LLC.*
10.2
Manufacturing Agreement, dated as of February 23, 2011, by and between GFA Brands, Inc. and Kagome Creative Foods, LLC.*
 
* Certain portions of these agreements have been omitted in accordance with a request for confidential treatment that the Company has submitted to the SEC.  Omitted information has been filed separately with the SEC.
 
 
 

 

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.


April 29, 2011
SMART BALANCE, INC.
 
(registrant)
 
     
 
By:
/s/  Alan S. Gever
   
Alan S. Gever
   
Executive Vice President and Chief Financial Officer

 
 

 
 
EXHIBIT INDEX

 
Exhibit Number
 
Description
     
10.1  
Amended and Restated Manufacturing Agreement, effective as of January 1, 2011, by and between GFA Brands, Inc. and Ventura Foods, LLC.*
     
10.2  
Manufacturing Agreement, dated as of February 23, 2011, by and between GFA Brands, Inc. and Kagome Creative Foods, LLC.*
 
* Certain portions of these agreements have been omitted in accordance with a request for confidential treatment that the Company has submitted to the SEC.  Omitted information has been filed separately with the SEC.