8-K: Current report filing
Published on November 25, 2009
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
November 24,
2009
Date
of Report (Date of earliest event reported)
EMCORE
CORPORATION
Exact
Name of Registrant as Specified in its Charter
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New Jersey
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0-22175
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22-2746503
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State
of Incorporation
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Commission
File Number
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IRS
Employer Identification Number
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10420 Research Road, SE,
Albuquerque, New Mexico 87123
Address
of principal executive offices, including zip code
(505)
332-5000
Registrant's
telephone number, including area code
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:
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o
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Written
communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
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o
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Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
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o
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Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
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o
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Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))
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ITEM
1.01 Entry into a Material Definitive
Agreement
On
November 24, 2009, we entered into an amendment of the Common Stock Purchase
Agreement, or the Purchase Agreement, between us and Commerce Court Small Cap
Value Fund, Ltd., dated October 1, 2009. The amendment extends the deadline to
obtain written confirmation from the Financial Industry Regulatory Authority, or
FINRA, that FINRA does not intend to raise any objections with respect to the
transactions contemplated by the Purchase Agreement.
The
foregoing descriptions are qualified in their entirety by reference to the
amendment to the Purchase Agreement, a copy of which is attached hereto as
Exhibit 10.1.
ITEM 9.01 Financial
Statements and Exhibits.
(d) Exhibits
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Exhibit
Number
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Description
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10.1
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Amendment
dated November 24, 2009 to the Common Stock Purchase Agreement dated
October 1, 2009
by
and between EMCORE Corporation and Commerce Court Small Cap Value Fund,
Ltd.
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SIGNATURE
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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EMCORE
CORPORATION
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Dated:
November 25,
2009
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By: /s/ John M.
Markovich
Name:
John M. Markovich
Title: Chief
Financial Officer
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