-----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, VOs1n8wnig/zlvo9RLzvW4GTStpTxYdzP+MIUdZQa6t2UGKKEgXaaWVSLPjth5OZ wc7Sgpbw0IdAaibecnrmTA== 0001013762-09-002209.txt : 20091124 0001013762-09-002209.hdr.sgml : 20091124 20091124122530 ACCESSION NUMBER: 0001013762-09-002209 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20091118 ITEM INFORMATION: Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers: Compensatory Arrangements of Certain Officers FILED AS OF DATE: 20091124 DATE AS OF CHANGE: 20091124 FILER: COMPANY DATA: COMPANY CONFORMED NAME: EMAGIN CORP CENTRAL INDEX KEY: 0001046995 STANDARD INDUSTRIAL CLASSIFICATION: SEMICONDUCTORS & RELATED DEVICES [3674] IRS NUMBER: 880378451 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-15751 FILM NUMBER: 091203973 BUSINESS ADDRESS: STREET 1: 3006 NORTHUP WAY STREET 2: SUITE 103 CITY: BELLEVUE STATE: WA ZIP: 98004 BUSINESS PHONE: (425)-284-5200 MAIL ADDRESS: STREET 1: 3006 NORTHUP WAY STREET 2: SUITE 103 CITY: BELLEVUE STATE: WA ZIP: 98004 FORMER COMPANY: FORMER CONFORMED NAME: FASHION DYNAMICS CORP DATE OF NAME CHANGE: 19980805 8-K 1 form8k.htm FORM 8-K EMAGIN form8k.htm

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): November 18, 2009

eMagin Corporation
(Exact name of registrant as specified in its charter)
 
  Delaware
  000-24757
  56-1764501
(State or other jurisdiction of incorporation)
  (Commission File Number)
  (IRS Employer Identification No.)
     
 
3006 Northup Way, Suite 103, Bellevue WA 98004
(Address of principal executive offices and Zip Code)

Registrant's telephone number, including area code (425)-284-5200

Copies to:
Richard Friedman, Esq.
Sichenzia Ross Friedman Ference LLP
61 Broadway
New York, New York 10006
Phone: (212) 930-9700
Fax: (212) 930-9725

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):

[ ] Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
[ ] Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
[ ] Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
[ ] Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
 

 
 
1
 


Item 5.02.  Departure of Directors or Principal Officers; Election of Director; Appointment of Principal Officers.

Andrew Sculley, Jr., the Chief Executive Officer and President of eMagin Corporation (the “Company’) has been appointed, effective as of November 18, 2009, to the Company’s Board of Directors.

Mr. Sculley has been serving as the Company’s Chief Executive Officer and President under an employment agreement dated May 13, 2008 (the “Employment Agreement”), pursuant to which Mr. Sculley is serving as the Company’s Chief Executive Officer and President, effective June 1, 2008.  Pursuant to the Employment Agreement, Mr. Sculley is being paid a salary of $320,000 per annum.   If Mr. Sculley voluntarily terminates his employment with the Company, other than for Good Reason as defined in the Employment Agreement, he shall cease to accrue salary, personal time off, benefits and other compensation on the date of voluntary termination.  The Company may terminate Mr. Sculley’s employment with or without cause.  If the Company terminates without cause, Mr. Sculley will be entitled to, at the Company’s sole discretion, either (i) monthly salary payments for twelve (12) months, based on his monthly rate of base salary at the date of such termination, or (ii) a lump-sum payment of his salary for such 12 month period, based on his monthly rate of base salary at the date of such termination. Mr. Sculley shall also be entitled to receive (i) payment for accrued and unpaid vacation pay and (ii) all bonuses that have accrued during the term of the Employment Agreement, but not been paid.  Pursuant to Mr. Sculley’s employment agreement during the term of his employment, the Company is to use reasonable good faith efforts to cause him to be elected and re-elected as a member of the Company’s Board of Directors.

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.
 
 
 
eMagin Corporation
  
       
Date: November 23, 2009 
By:
/s/ Paul Campbell
  
   
Name: Paul Campbell
  
   
Title: Chief  Financial Officer
  
       



 
 
 
 
2
 
 
 
 
 
 
 
 

 -----END PRIVACY-ENHANCED MESSAGE-----