advancedphotonix_8k.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
(Date of earliest event reported):
|
January 8, 2010 |
|
| |
| Advanced Photonix,
Inc. |
| (Exact Name of Registrant as specified
in its Charter) |
| Delaware |
1-11056 |
33-0325836 |
| (State or other
jurisdiction |
(Commission |
(IRS Employer |
| of incorporation) |
File Number) |
Identification No.) |
| |
| 2925
Boardwalk, Ann Arbor, Michigan |
48104 |
|
| (Address of Principal Executive
Offices) |
(ZIP Code) |
|
|
Registrant's telephone number, including area code:
|
(734) 864-5600 |
|
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.
On January 8, 2010, Picometrix, LLC (“Subsidiary”), a wholly-owned subsidiary of
Advanced Photonix, Inc. (the “Company”) and a successor-in-interest to
Picometrix, Inc., entered into a Fourth Addendum & Extension Agreement (the
“Addendum”) with Jagar, L.L.C. with respect to the Company’s principal executive
offices (the “Premises”) under its Lease Agreement dated June 28, 2000 (the
“Lease”). Pursuant to the Addendum, among other things, the term of the Lease is
extended until May 31, 2021 and aggregate payments under the Lease will be
$6,040,200. In addition, pursuant to the Addendum, the Subsidiary has the right
to match any offer received by the Landlord to purchase the building in which
the Premises are located and, under certain conditions, will have the right to
purchase the Premises.
This summary of the Addendum is qualified in its entirety by reference to the
Addendum filed herewith as Exhibit 10.1 and incorporated by reference herein.
Item 9.01 - Financial Statements and
Exhibits.
(d)
Exhibits
| Exhibit |
|
|
| Number |
|
Exhibit |
|
| 10.1 |
|
Fourth Addendum & Extension
Agreement, dated January 8, 2010, between Picometrix,
LLC and Jagar, L.L.C. |
| |
| 10.2 |
|
Lease, dated June 28, 2000, between
Jagar, L.L.C. and Picometrix, Inc. |
| |
| 10.3 |
|
Addendum to Lease, dated June 28, 2000,
between Jagar, L.L.C. and Picometrix,
Inc. |
| |
| 10.4 |
|
Second Addendum to Lease Agreement,
dated August 25, 2000, between Jagar, L.L.C. and Picometrix,
Inc. |
| |
| 10.5 |
|
Third Addendum to Lease Agreement, dated
November 17, 2000, between Jagar, L.L.C. and
Picometrix, Inc. |
| |
| 10.6 |
|
Consent by Landlord to Assignment of Lease by Merger, dated May 2,
2005, among Jagar, L.L.C., Picometrix, Inc. and Michigan Acquisition
Merger Sub, LLC |
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.
|
|
|
ADVANCED PHOTONIX,
INC. |
|
|
|
|
|
|
|
|
|
|
|
|
|
By: |
/s/Richard
Kurtz |
|
| |
|
|
Richard Kurtz, Chief Executive
Officer |
| |
| Dated: January 13, 2010 |
|
|
EXHIBIT INDEX
| Exhibit |
|
|
| Number |
|
Exhibit |
|
| 10.1 |
|
Fourth Addendum & Extension
Agreement, dated January 8, 2010, between Picometrix, LLC and Jagar,
L.L.C. |
| |
| 10.2 |
|
Lease, dated June 28, 2000, between
Jagar, L.L.C. and Picometrix, Inc. |
| |
| 10.3 |
|
Addendum to Lease, dated June 28, 2000,
between Jagar, L.L.C. and Picometrix, Inc. |
| |
| 10.4 |
|
Second Addendum to Lease Agreement,
dated August 25, 2000, between Jagar, L.L.C. and Picometrix,
Inc. |
| |
| 10.5 |
|
Third Addendum to Lease Agreement, dated
November 17, 2000, between Jagar, L.L.C. and Picometrix,
Inc. |
| |
| 10.6 |
|
Consent by Landlord to Assignment of Lease by Merger, dated May 2,
2005, among Jagar, L.L.C., Picometrix, Inc. and Michigan Acquisition
Merger Sub, LLC |