-----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, SSY1qpIpRk94neGs5wfnRyOuBNGcjRwpwDxUEWnFfs3oaxQLZv2JMjARzGu8C1vR Hc9rrjqK8SVAvxI/IISvzg== 0000950123-11-017240.txt : 20110224 0000950123-11-017240.hdr.sgml : 20110224 20110223174453 ACCESSION NUMBER: 0000950123-11-017240 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20110217 ITEM INFORMATION: Entry into a Material Definitive Agreement ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20110224 DATE AS OF CHANGE: 20110223 FILER: COMPANY DATA: COMPANY CONFORMED NAME: ROCKWELL MEDICAL TECHNOLOGIES INC CENTRAL INDEX KEY: 0001041024 STANDARD INDUSTRIAL CLASSIFICATION: ELECTROMEDICAL & ELECTROTHERAPEUTIC APPARATUS [3845] IRS NUMBER: 383317208 STATE OF INCORPORATION: MI FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-23661 FILM NUMBER: 11633335 BUSINESS ADDRESS: STREET 1: 30142 S WIXOM RD CITY: WIXOM STATE: MI ZIP: 48393 BUSINESS PHONE: 2489609009 MAIL ADDRESS: STREET 1: 30142 S WIXOM RD CITY: WIXOM STATE: MI ZIP: 48393 8-K 1 k50117e8vk.htm FORM 8-K e8vk
 
 
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, DC 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): February 17, 2011
ROCKWELL MEDICAL TECHNOLOGIES, INC.
(Exact name of registrant as specified in its charter)
         
Michigan   000-23661   38-3317208
         
(State or other jurisdiction
of incorporation)
  (Commission
File Number)
  (IRS Employer
Identification No.)
     
30142 Wixom Road,          Wixom, Michigan   48393
     
(Address of principal executive offices)   (Zip Code)
Registrant’s telephone number, including area code                     (248) 960-9009   
Not applicable
 
(Former name or former address, if changed since last report)
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):
o   Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o   Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o   Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
o   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 February 17, 2011, Rockwell Medical Technologies, Inc. (the “Company”) entered into an Agreement to Extend the Lease Agreement, Options to Purchase and Option to Lease (the “Lease Renewal”) with EZE Management Properties Limited Partnership (“Landlord”), which renews the Lease Agreement, Options to Purchase and Option to Lease dated March 19, 2008 (the “Lease”) for the Company’s Greer, South Carolina facilities.
The Lease Renewal extends the term of the Lease through February 28, 2013 and provides for minor adjustments to the amounts paid for property taxes and insurance as part of the monthly rent payments, which will increase the monthly rent payments by an immaterial amount. In addition, the Company will be required to pay approximately $6,300 to Landlord on March 1, 2011 as a final payment for the build out of the leased premises described in the original Lease.
The foregoing does not purport to be a complete description of the Lease Renewal, and is qualified in its entirety by reference to the full text of the Lease Renewal, a copy of which is attached hereto as Exhibit 10.40, and is incorporated herein by reference.
Item 9.01   Financial Statements and Exhibits.
The following exhibit is furnished herewith:
         
Exhibit number   Exhibit Description
  10.40    
Agreement to Extend the Lease Agreement, Options to Purchase and Option to Lease dated February 17, 2011, by and between Rockwell Medical Technologies, Inc. and EZE Management Properties Limited Partnership
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 hereunto duly authorized.
         
  ROCKWELL MEDICAL TECHNOLOGIES, INC.
 
 
Date: February 22, 2011  By:   /s/ Thomas E. Klema    
    Thomas E. Klema   
    Its: Chief Financial Officer   
 

 

EX-10.40 2 k50117exv10w40.htm EX-10.40 exv10w40
Exhibit 10.40
AGREEMENT TO EXTEND THE LEASE AGREEMENT, OPTIONS TO PURCHASE AND
OPTION TO LEASE
     This is an Agreement To Extend the LEASE AGREEMENT, OPTIONS TO PURCHASE AND OPTION TO LEASE (hereinafter Agreement To Extend) entered into by and between EZE MANAGEMENT PROPERTIES LIMITED PARTNERSHIP (hereinafter EZE) and ROCKWELL MEDICAL TECHNOLOGIES, INC. (hereinafter ROCKWELL).
WITNESSETH:
     WHEREAS, the parties to this Agreement to Extend intend to extend the terms of their previous Lease Agreement, Options to Purchase and Option To Lease (hereinafter Lease) that was entered into and became effective March 19, 2008, a copy of which is attached hereto and incorporated herein; and
     WHEREAS, the parties intend to alter only specified provision of their previous Lease by the Agreement to Extend, and as such they intend to have the unspecified provisions of the Lease remain unadulterated. Furthermore, the parties intend that the previous Lease and this Agreement to Extend be treated as a single document; and
     WHEREAS, the parties now consider it to be in their respective best interests to extend the Lease between themselves, and have reached an understanding and now wish to reduce their understanding to writing;
     NOW, THEREFORE, for and in consideration of the mutual and several binding promises, convents and undertakings herein contained and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto do hereby acknowledge satisfaction with regard to the terms and conditions hereof and acknowledge the terms and conditions of this Agreement to Extend to be fair, just, adequate and reasonable, and hereby freely and voluntarily agree to extend the Lease and amend specific terms of the Lease by the substitution of the following terms:
     1.03 Base Term. The term of this Agreement to Extend shall commence on March 1, 2011 (the “Lease Commencement Date”) and continue for a period of two (2) years to end on February 28, 2013 (the “Base Term”).

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Exhibit 10.40
     2.02 Additional Rent. Tenant shall be responsible for the payment of certain costs relating to real estate taxes and insurance premiums, each being specifically detailed in Article IV and Article V respectively. For the term of this Agreement to Extend the monthly amount to be paid by Tenant for Property Taxes shall be Three Thousand Five Hundred Fifty and 00/100 Dollars ($3,550.00) and the monthly amount to be paid by Tenant for Insurance shall be Three Hundred and 00/100 Dollars ($300.00).
     2.07 Final Build Out Payment. In addition to the rent amount specified in Section 2.01 c in the Lease and the amounts specified in Section 2.02 of this Agreement to Extend, Tenant shall also pay to Landlord Six Thousand Three Hundred Twenty-Five and 96/100 Dollars ($6,325.96) on March 1, 2011 as the final payment for the Build Out of the building located at 604 High Tech Court, Greer, South Carolina.
GENERAL PROVISIONS
     The parties represent to each other and further agree to the following:
     I. This Agreement to Extend expresses the entire agreement between the parties, supersedes any prior understandings or agreements between them, and there are no other representations or warranties other that those specifically set forth herein.
     II. No wavier of any breach by either party of the terms and conditions of this Agreement to Extend shall be binding upon either of the parties unless reduced to writing and subscribed to by the both of the parties.
     III. EZE and ROCKWELL expressly agree that, at any time hereafter, each of them shall make, execute and deliver any and all further and other instruments or papers or things as may be reasonably required or desirable for the purpose of giving full effect to this Agreement to Extend.
     IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the date and year shown below on this Agreement to Extend.

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Exhibit 10.40
         
/s/ Allison Anders
      /s/ Richard A. Grant
 
       
 
       
WITNESS
      EZE Management Properties, LP
 
       
/s/ Julie A. Law
      2/17/2011
 
       
 
       
WITNESS
      Date:
 
       
 
       
 
       
/s/ David Kull
      /s/ Thomas E. Klema
 
       
 
       
WITNESS
      Rockwell Medical Technologies, Inc.
 
       
 
       
/s/ Nicole Driscoll
      2/17/2011
 
       
 
       
WITNESS
      Date

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