SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
Pursuant to Section 13 or 15(d) of
the Securities Exchange Act of 1934
Date of Report (Date of earliest event reported) January 4, 2013
AMERITRANS CAPITAL CORPORATION
(Exact name of registrant as specified in its charter)
(State or other jurisdiction
of incorporation or organization)
50 Jericho Quadrangle, Suite 109
Jericho, New York 11753
(Address of principal executive offices (Zip Code)
(Registrants telephone number, including area code)
(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 previously disclosed, on October 31, 2012 (the Effective Date), Elk Associates Funding Corporation (Elk), a wholly-owned subsidiary of Ameritrans Capital Corporation (Ameritrans and together with Elk, the Company), and the United States Small Business Administration (the SBA), entered into a Settlement Agreement and Mutual Release (the Settlement Agreement) with respect to Elks pending lawsuit against the SBA, captioned Elk Associates Funding Corporation v. United States Small Business Administration et al (Case No. 12-0438 (CKK)). The Settlement Agreement, as amended on December 7, 2012, provided, among other things, for the payment by Elk to the SBA of $7,900,000 (the Settlement Payment) by January 7, 2012 (the Payoff Deadline) and the surrender of Elks small business investment company license, in full and final satisfaction of all outstanding SBA leverage owed to the SBA through the Effective Date plus all additional interest which may accrue through the date the Settlement Payment is made.
On January 4, 2013, the SBA agreed to extend the Payoff Deadline until January 18, 2013, provided that Elk promptly remits to the SBA all of the proceeds (up to the amount of the Settlement Payment) from any asset sales consummated by Elk prior to such date. Ameritrans expects to pay the balance of the Settlement Payment prior to the Payoff Deadline from the proceeds of further asset sales and/or financings. There can be no assurance, however, that anticipated asset sales and financings will be completed on a timely basis or at all, or that the Company will otherwise be able to finance any remaining balance of the Settlement Payment prior to the extended Payoff Deadline. As a condition to the SBAs agreement to extend the Payoff Deadline, Elk paid $1.2 million to the SBA on January 4, 2013 from its cash on hand in partial satisfaction of the Settlement Payment. Accordingly, approximately $6.7 million of the Settlement Payment remains unpaid as of the date of this report.
Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
AMERITRANS CAPITAL CORPORATION
Date: January 7, 2013
/s/ Michael Feinsod
Name: Michael Feinsod
Title: Chief Executive Officer and President