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EX-10.1 - EXHIBIT 10.1 - ENER1 INCv244359_ex10-1.htm
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

FORM 8-K

PURSUANT TO SECTION 13 OR 15(d) OF  
OF THE SECURITIES EXCHANGE ACT OF 1934

Date of Report (Date of earliest event reported): December 23, 2011

ENER1, INC.
(Exact Name of Registrant as Specified in Charter)

Florida
001-34050
59-2479377
(State or other Jurisdiction of Incorporation)
(Commission File Number)
(IRS Employer Identification No.)

1540 Broadway, Suite 40
New York, NY 10036
(Address of Principal Executive Offices) (Zip Code)

(212) 920-3500
(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 (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))
 
 
 

 
 
Item 1.01
Entry Into a Material Definitive Agreement.

Ener1, Inc. (the “Company”), as borrower, Bzinfin S.A., as agent, certain investment funds managed by Goldman Sachs Asset Management, L.P. and Bzinfin S.A., as lenders (collectively with the Company and Bzinfin S.A., as agent, the “Parties”), entered into a Letter Amendment (the “Letter Amendment”), dated December 23, 2011, amending the terms of the $4,500,000 Loan Agreement (the “Loan Agreement”), dated as of November 16, 2011, and described in the Company’s Current Report on Form 8-K filed with the Securities and Exchange Commission on November 22 , 2011 (the “11/22/11 Form 8-K”).  Pursuant to the Letter Amendment, the Parties extended the maturity date of the Loan Agreement from December 23, 2011 to January 9, 2012.  The relationships between the Company and the other parties to the Loan Agreement are described in the 11/22/11 Form 8-K.

The above description of the Letter Amendment is not complete and is qualified in its entirety by the full text of the Letter Amendment, which is filed as Exhibit 10.1 to this Current Report on Form 8-K and is incorporated by reference herein.

Item 9.01     
Financial Statements and Exhibits
 
(d)     Exhibits
 
Exhibit No.
 
Description
10.1*
 
Letter Amendment, dated December 23, 2011, by and among Ener1, Inc. and Bzinfin S.A., Liberty Harbor Special Investments, LLC and Goldman Sachs Palmetto State Credit Fund, L.P.
 

*   Filed Herewith
 
 
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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.

Date: December 30, 2011
Ener1, Inc.
   
 
By:
/s/ Nicholas Brunero
 
Name: Nicholas Brunero
 
Title: Interim President and General Counsel
 
 
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