-----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, QjeAR8eZgsVZaS4kCDW/MlCFvxO0MTtQbxviCIlFc9m/U/TL0cfFbck8wbV0iXwl wHy6nfXk0g3yDD7jR7H92Q== 0000922423-01-000078.txt : 20010131 0000922423-01-000078.hdr.sgml : 20010131 ACCESSION NUMBER: 0000922423-01-000078 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20010125 ITEM INFORMATION: FILED AS OF DATE: 20010130 FILER: COMPANY DATA: COMPANY CONFORMED NAME: ATLANTIC TECHNOLOGY VENTURES INC CENTRAL INDEX KEY: 0001001316 STANDARD INDUSTRIAL CLASSIFICATION: PHARMACEUTICAL PREPARATIONS [2834] IRS NUMBER: 363898269 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: SEC FILE NUMBER: 000-27282 FILM NUMBER: 1518935 BUSINESS ADDRESS: STREET 1: 1017 MAIN CAMPUS DRIVE STREET 2: SUITE 3900 CITY: RALEIGH STATE: NC ZIP: 27606 BUSINESS PHONE: 9195137020 MAIL ADDRESS: STREET 1: 1017 MAIN CAMPUS DRIVE STREET 2: SUITE 3900 CITY: RALEIGH STATE: NC ZIP: 27605 FORMER COMPANY: FORMER CONFORMED NAME: ATLANTIC PHARMACEUTICALS INC DATE OF NAME CHANGE: 19960703 8-K 1 0001.txt FORM 8-K 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 25, 2001 ---------- ATLANTIC TECHNOLOGY VENTURES, INC. (Exact name of registrant as specified in its charter) Delaware 0-27282 36-3898269 (State or other jurisdiction (Commission file number) (I.R.S. employer of incorporation or organization) identification no.) 150 Broadway Suite 1009 10038 New York, New York (Zip code) (Address of principal executive offices) Registrant's telephone number, including area code: (212) 267-2503 Item 5. Other Events. As described below, Atlantic Technology Ventures, Inc. ("Atlantic") and BH Capital Investments, L.P. and Excalibur Limited Partnership (collectively, the "Investors") have further amended certain terms of the investment by the Investors in shares of Atlantic's Series B convertible preferred stock. On September 28, 2000, the Investors purchased from Atlantic shares of Atlantic's Series B convertible preferred stock and warrants to purchase shares of Atlantic's common stock. (For a description of this transaction and a copy of the related documents, including the convertible preferred stock and warrants purchase agreement (the "Purchase Agreement"), see Atlantic's Quarterly Report on Form 10-QSB for the quarter ended September 30, 2000. For a description of the stock repurchase agreement between Atlantic and the Investors (the "Stock Purchase Agreement") and amendments to the Stock Purchase Agreement, Purchase Agreement, and related documents, see Atlantic's Current Reports on Form 8-K filed with the SEC on December 11, 2000, December 29, 2000, and January 24, 2001.) On January 25, 2001, Atlantic and the Investors agreed that (1) in items (10) and (11) of the definition of "Repurchase Event" in the Purchase Agreement, all references to "the Company" should be to Optex Ophthalmologics, Inc., the majority-owned subsidiary of Atlantic, and (2) that the Investors waive any Repurchase Event (as defined in the Purchase Agreement) that may be caused by occurrence of the event referenced in item (12) of the definition of Repurchase Event, namely failure of the average closing bid price of Atlantic's common stock for the ten trading days preceding January 31, 2001, to exceed $1.00 per share). SIGNATURE Pursuant to the requirements of the Securities Exchange Act of 1934, Atlantic Technology Ventures, Inc. has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. Date: January 30, 2001 ATLANTIC TECHNOLOGY VENTURES, INC By: /s/ Frederic P. Zotos ------------------------------------ Frederic P. Zotos President -2- -----END PRIVACY-ENHANCED MESSAGE-----