-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, OIaMbVw9ORbzShtYhJLy93RPUgehqJMYJh3PXHUCFH9W7srdkLHuHK9P5qoS7Ncc qJR9Vtsd5MnhaJksZoA1Qw== 0001026608-08-000187.txt : 20080822 0001026608-08-000187.hdr.sgml : 20080822 20080822171215 ACCESSION NUMBER: 0001026608-08-000187 CONFORMED SUBMISSION TYPE: SC 13D/A PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20080822 DATE AS OF CHANGE: 20080822 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: ELECTRO ENERGY INC CENTRAL INDEX KEY: 0001175636 STANDARD INDUSTRIAL CLASSIFICATION: MISCELLANEOUS ELECTRICAL MACHINERY, EQUIPMENT & SUPPLIES [3690] IRS NUMBER: 593217746 STATE OF INCORPORATION: FL FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: SC 13D/A SEC ACT: 1934 Act SEC FILE NUMBER: 005-79908 FILM NUMBER: 081035151 BUSINESS ADDRESS: STREET 1: 30 SHELTER ROCK ROAD CITY: DANBURY STATE: CT ZIP: 06810 BUSINESS PHONE: 203 797 2699 MAIL ADDRESS: STREET 1: 30 SHELTER ROCK ROAD CITY: DANBURY STATE: CT ZIP: 06810 FORMER COMPANY: FORMER CONFORMED NAME: MCG DIVERSIFIED INC DATE OF NAME CHANGE: 20020614 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: KIT Financial, Inc. CENTRAL INDEX KEY: 0001417472 IRS NUMBER: 562411416 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: SC 13D/A BUSINESS ADDRESS: STREET 1: 610 ANACAPA STREET STREET 2: SUITE D-11 CITY: SANTA BARBARA STATE: CA ZIP: 93101 BUSINESS PHONE: 8058696200 MAIL ADDRESS: STREET 1: 610 ANACAPA STREET STREET 2: SUITE D-11 CITY: SANTA BARBARA STATE: CA ZIP: 93101 SC 13D/A 1 eei_sc13damkrupp082208.htm SC 13D/A SC 13D/A

UNITED STATES
SECURITIES AND EXCHANGE
COMMISSION
 Washington, D.C. 20549
SCHEDULE 13D/A

Under the Securities Exchange Act of 1934
(Amendment No. 5)*

Electro Energy Inc.
 
(Name of Issuer)
 
Common Stock, $.001 par value
 
(Title of Class of Securities)
 
285106100
 
(CUSIP Number)
 
Michael Krupp
KIT Financial, Inc.
610 Anacapa Street
Suite D-11
Santa Barbara, CA 93101
(805) 569-6200		 Kenneth Krug, Esq.
Ann Lawrence, Esq.
Paul, Hastings, Janofsky & Walker LLP
515 South Flower Street, 25th Floor
Los Angeles, CA 90071-2228
(213) 683-6000

 
 
(Name, Address and Telephone Number of Person
Authorized to Receive Notices and Communications)
 
August 15, 2008
 
(Date of Event which Requires Filing of this Statement)
 

If the filing person has previously filed a statement on Schedule 13G to report the acquisition that is the subject of this Schedule 13D, and is filing this schedule because of ss.ss. 240.13d-1(e), 240.13d-1(f) or 240.13d-1(g), check the following box. |_|

Note: Schedules filed in paper format shall include a signed original and five copies of the schedule, including all exhibits. See ss. 240.13d-7 for other parties to whom copies are to be sent.

* The remainder of this cover page shall be filled out for a reporting person's initial filing on this form with respect to the subject class of securities, and for any subsequent amendment containing information which would alter disclosures provided in a prior cover page.

The information required on the remainder of this cover page shall not be deemed to be "filed" for the purpose of Section 18 of the Securities Exchange Act of 1934 ("Act") or otherwise subject to the liabilities of that section of the Act but shall be subject to all other provisions of the Act (however, see the Notes).

1

 

CUSIP No. 285106100
 

1.   Names of Reporting Persons. I.R.S. Identification Nos. of above persons (entities only)
KIT Financial, Inc.    EIN: 562411416
 

2.   Check the Appropriate Box if a Member of a Group (See Instructions)

  (a)   |_|
   
  (b)   |_|
   

3.   SEC Use Only
 

4.   Source of Funds (See Instructions)
WC
 

5.   Check if Disclosure of Legal Proceedings Is Required Pursuant to Items 2(d) or 2(e)   |_|
 

6.   Citizenship or Place of Organization
Delaware
 




Number of
Shares
Beneficially
Owned by
Each
Reporting
Person With
7.   Sole Voting Power
289,473 1
 



8.   Shared Voting Power
0
 



9.   Sole Dispositive Power
289,473
 



10.   Shared Dispositive Power
0
 



11.   Aggregate Amount Beneficially Owned by Each Reporting Person
289,473
 

12.   Check if the Aggregate Amount in Row (11) Excludes Certain Shares (See Instructions) |_|
 

1 Includes 49,473 shares of Common Stock available upon exercise of a warrant exercisable by reporting person within 60 days of this filing.

2

 

13.   Percent of Class Represented by Amount in Row (11)
4.68% 2
 

14.   Type of Reporting Person (See Instructions)
CO
 

Explanatory Note

               The Reporting Person hereby amends and restates the following items and supplements the statement on Schedule 13D filed with the Securities and Exchange Commission (the "SEC") on November 05, 2007 and amended on February 8, 2008, May 5, 2008,May 6, 2008 and August 7, 2008.

Item 1.   Security and Issuer

This Amendment 5 to Schedule 13D relates to the common stock, $0.001 par value per share ("Common Stock"), of Electro Energy Inc., a corporation incorporated in Florida (the "Company"). The address of the principal executive office of the Company is 30 Shelter Rock Road, Danbury, Connecticut 06810.

Item 2.   Identity and Background

    (a)   This Statement is filed by KIT Financial, Inc. (the "Reporting Person").

    (b)   The state of incorporation is Delaware.

    (c)   The principal business address is 756 South Grant Street, Denver, CO 80209.

    (d)   During the last five years, the Reporting Person has not been convicted in a criminal proceeding (excluding traffic violations or similar misdemeanors).

    (e)   During the last five years, the Reporting Person was not a party to a civil proceeding of a judicial or administrative body of competent jurisdiction as a result of which was or is subject to a judgment, decree or final order enjoining future violations of, or prohibiting or mandating activities subject to, federal or state securities laws or finding any violation with respect to such laws.

    (f)   Delaware.

Item 5.   Interest in Securities of the Issuer

    (a)   Aggregate number of shares beneficially owned: 289,473. Percentage: 4.68%. The percentage used herein and in the rest of Item 5 are calculated based upon 6,137,405 shares of Common Stock issued and outstanding on August 1, 2008.

  (b) 1. Sole power to vote or direct vote: 289,473

  2. Shared power to vote or direct vote: 0

2 Based on 6,137,405 shares of Common Stock outstanding on August 11, 2008 pursuant to the Company's Form 10Q for the quarterly period ended June 30, 2008 filed with the SEC on August 14, 2008.

3

 

    3. Sole power to dispose or direct the disposition: 289,473

    4. Shared power to dispose or direct the disposition: 0

    (c)   During the sixty-day period preceding the filing of this Schedule 13D, the Reporting person sold the following shares of the Company's Common Stock: 3

08/04/08   160 $1.83 08/15/08 2300 $1.56
08/04/08   160 $1.82 08/15/08 1401 $1.6201
08/04/08   300 $1.8401 08/15/08 3000 $1.47
08/04/08   340 $1.82 08/15/08 2599 $1.62
08/04/08   500 $1.8501 08/15/08 7500 $1.70
08/04/08   500 $1.85
08/04/08   500 $1.85
08/04/08   500 $1.84
08/04/08   600 $1.8501
08/04/08 1600 $1.8601
08/04/08 1800 $1.85
08/04/08 1000 $1.83
08/04/08 1200 $1.8401
08/04/08 1500 $1.81
08/04/08 2000 $1.85
08/04/08 9300 $1.83
08/05/08 2840 $1.84
08/06/08   400 $2.01
08/06/08   700 $2.0101
08/06/08 1100 $2.0101
08/06/08 1200 $2.01
08/13/08 1000 $1.29
08/13/08 2800 $1.2901
08/13/08 3200 $1.26
08/14/08   100 $1.33
08/14/08   300 $1.9201
08/14/08   325 $1.59
08/17/08 1000 $1.5901
08/14/08   675 $1.901
08/14/08   700 $1.3301
08/14/08   877 $1.5801
08/14/08   900 $1.88
08/14/08 1000 $1.33
08/14/08 1000 $1.59
08/14/08 1200 $1.92
08/14/08 1500 $1.9201
08/14/08 2000 $1.38
08/14/08 2000 $1.90
08/14/08 2000 $1.8501
08/14/08 2100 $1.8919
08/14/08 2623 $1.58
08/15/08   180 $1.5258
08/15/08   641 $1.52
08/15/08   879 $1.63
08/15/08 2000 $1.6701

3 The Company effected a one-for-five reverse stock split of the Common Stock on July 9, 2008. All sale prices and share amounts prior to July 9, 2008 reflect the pre-split shares of Common Stock sold.

4

 

    (d)   No other person is known to have the right to receive or the power to direct the receipt of dividends from, or the proceeds from the sale of, shares of Common Stock beneficially owned by the Reporting Person.

    (e)   Not applicable.

5

Signature

After reasonable inquiry and to the best of my knowledge and belief, I certify that the information set forth in this statement is true, complete and correct.

August 20, 2008 KIT FINANCIAL, INC.

/s/ Michael Krupp                  
Name:  Michael Krupp
Title:    President



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