8-K: Current report filing
Published on December 3, 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 30,
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, NM 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:
□
Written communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
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□
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Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
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□
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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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□
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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 30, 2009, the Company entered into a Fifth Amendment (the “Fifth
Amendment”) to the Loan and Security Agreement with Bank of America, N.A., dated
as of September 26, 2008 (the “Loan and Security Agreement”). The
Fifth Amendment amended the Loan and Security Agreement by extending the period
during which the Company is required to provide its annual budgets to Bank of
America. For the fiscal year ended September 30, 2010, the Company
will be required to deliver its annual budget within 90 days after the beginning
of the fiscal year and for the fiscal years thereafter, the Company will be
required to deliver its annual budget within 60 days after the beginning of the
fiscal year.
The
foregoing description does not purport to be complete and is qualified in its
entirety by reference to the text of the Fifth Amendment, which is attached
hereto as Exhibit 10.1 to this report and is incorporated herein by
reference.
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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Fifth
Amendment to the Loan and Security Agreement with Bank of America, N.A.,
dated November 30, 2009
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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:
December 3,
2009
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By: /s/ John M.
Markovich
Name:
John M. Markovich
Title: Chief
Financial Officer
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