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EX-10.31 - AMENDMENT - CleanTech Biofuels, Inc.clth_ex1031.htm


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: January 9, 2013
(Date of earliest event reported)

CLEANTECH BIOFUELS, INC.
(Exact name of registrant as specified in its charter)
 
         
Delaware
 
333-145939
 
33-0754902
(State of or other jurisdiction
 
(Commission
 
(IRS Employer
of incorporation)
 
File Number)
 
Identification Number)
         
 
7386 Pershing Ave, University City, Missouri 63130
(Address of principal executive offices)
 
 
(314) 862-8670
(Registrant’s telephone number, including area code)
 
 
N/A
(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:

o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d- 2(b))

o 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.
 
CleanTech Biofuels, Inc. (the “Company”) issued a promissory note on September 1, 2010 to CMS Acquisition, LLC (“CMS”) in the amount of $100,000 (the “Note”) that was due to mature on February 28, 2011. The Company and CMS have entered into various amendments extending the due date while: (i) paying $25,000 on the Note and all accrued interest to date as of February 11, 2011, (ii) increasing the interest rate on the outstanding balance of the Note to 10% as of May 16, 2011 and (iii) re-dating the warrant to November 7, 2011.
 
On January 9, 2013, the Company and CMS entered into Amendment No. 8 extending the due date to April 30, 2013.
 
A copy of Amendment No. 8 is attached as Exhibit 10.31 and is incorporated herein by reference. The foregoing description of Amendment No. 8 is qualified in its entirety by reference to the full text of such agreement.
 
Item 9.01 Financial Statements and Exhibits
 
(d) Exhibits
 
Exhibit No.
 
Description
     
10.31
 
Amendment No. 8 dated January 9, 2013 to a Promissory note issued in favor of CMS Acquisition, LLC dated September 1, 2010.
     
 
 
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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 thereunto duly authorized.
 
 
CLEANTECH BIOFUELS, INC.
 
       
Date: January 10, 2013
By:
/s/ Edward P. Hennessey  
    Name: Edward P. Hennessey  
    Title: Chief Executive Officer and President   
       

 
 

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