Attached files
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 (Date of earliest event reported):
April 25,
2020
Aemetis, Inc.
(Exact name of registrant as specified in its charter)
Nevada
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000-51354
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26-1407544
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(State or other jurisdiction of incorporation)
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(Commission File Number)
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(IRS Employer Identification No.)
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20400 Stevens Creek Blvd., Suite 700
Cupertino, CA 95014
(Address of principal executive offices) (Zip
Code)
Registrant's telephone number, including area
code:
(408) 213-0940
(Former name or former address, if changed since last
report.)
Securities registered pursuant to Section 12(b) of the
Act:
Title of each class
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Trading Symbol(s)
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Name of each exchange on which registered
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Common Stock, par value $0.001
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AMTX
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NASDAQ Stock Market
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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))
☐ Indicate by check mark whether the registrant is
an emerging growth company as defined in Rule 405 of the Securities
Act of 1933 (230.405 of this chapter) or Rule 12b-2 of the
Securities Exchange Act of 1934 ( 240.12b-2 of this
chapter)
☐ If an
emerging growth company, indicate by check mark if the registrant
has elected not to use the extended transition period for complying
with any new or revised financial accounting standards provided
pursuant to Section 13(a) of the Exchange Act.
On April 25, 2020, Aemetis, Inc. (the “Company”)
entered into new three-year executive employment agreements (the
“Executive Employment Agreements”) with Mr. McAfee, Mr.
Waltz, Mr. Foster and Mr. Gupta. The
description of the Executive Employment Agreements
under Item 5.02 of this Current Report
is incorporated into this Item 1.01 by
reference.
Item 5.02. Compensatory Arrangements of
Certain Officers.
In
connection with recognizing the tenure of its executives, the
Company entered into the Executive Employment Agreements with Mr.
McAfee, Mr. Waltz, Mr. Foster and Mr. Gupta providing annual
compensation of $310,000, $250,000, $230,000 and $230,000,
respectively, subject to the Company’s deferred compensation
program. Mr. McAfee is entitled to an annual cash bonus in an
amount determined by the Board of Directors based upon attainment
of certain performance milestones. Mr. Waltz, Mr. Foster and Mr.
Gupta are each entitled to an annual cash bonus of up to $50,000
based upon attainment of certain performance milestones. The
Company will pay up to one year of severance and health benefits in
the event any of the aforementioned executives is terminated
without “cause” or “constructively
terminated” (as such terms are defined in the respective
Executive Employment Agreement).
The
foregoing summaries of the Executive Employment Agreements are
qualified in their entirety by reference to the agreements
themselves, which are attached to this Current Report as Exhibits
10.1, 10.2, 10.3 and 10.4 and incorporated by reference into this
Item 5.02.
Item 9.01. Financial Statements and
Exhibits.
(d)
Exhibits.
EXHIBIT
NUMBER
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DESCRIPTION
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Executive
Employment Agreement, dated April 25, 2020 with Eric A.
McAfee
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Executive
Employment Agreement, dated April 25, 2020 with Todd
Waltz
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Executive
Employment Agreement, dated April 25, 2020 with Andrew
Foster
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Executive
Employment Agreement, dated April 25, 2020 with Sanjeev
Gupta
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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.
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AEMETIS, INC.
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April
27, 2020
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By:
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/s/ Eric
A. McAfee
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Name:
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Eric
A. McAfee
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Title:
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Chief
Executive Officer
Principal
Executive Officer
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