0001415889-12-000945.txt : 20120622 0001415889-12-000945.hdr.sgml : 20120622 20120622100114 ACCESSION NUMBER: 0001415889-12-000945 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20120622 ITEM INFORMATION: Other Events ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20120622 DATE AS OF CHANGE: 20120622 FILER: COMPANY DATA: COMPANY CONFORMED NAME: SkyPeople Fruit Juice, Inc CENTRAL INDEX KEY: 0001066923 STANDARD INDUSTRIAL CLASSIFICATION: CANNED, FROZEN & PRESERVED FRUIT, VEG & FOOD SPECIALTIES [2030] IRS NUMBER: 980222013 STATE OF INCORPORATION: FL FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-34502 FILM NUMBER: 12921053 BUSINESS ADDRESS: STREET 1: 16F, CHINA DEVELOPMENT BANK TOWER, NO. 2 STREET 2: GAOXIN 1ST ROAD CITY: XI'AN STATE: F4 ZIP: 710075 BUSINESS PHONE: 86-29-88377161 MAIL ADDRESS: STREET 1: 16F, CHINA DEVELOPMENT BANK TOWER, NO. 2 STREET 2: GAOXIN 1ST ROAD CITY: XI'AN STATE: F4 ZIP: 710075 FORMER COMPANY: FORMER CONFORMED NAME: ENTECH ENVIRONMENTAL TECHNOLOGIES INC DATE OF NAME CHANGE: 20040323 FORMER COMPANY: FORMER CONFORMED NAME: CYBER PUBLIC RELATIONS INC DATE OF NAME CHANGE: 20010111 8-K 1 spu8k_june222012.htm FORM 8K spu8k_june222012.htm


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
Date of Report (Date of earliest event reported): June 22, 2012

SKYPEOPLE FRUIT JUICE, INC.
(Exact name of registrant as specified in its charter)

Florida
 
001-34502
 
98-0222013
(State or other jurisdiction of incorporation)
 
(Commission File Number)
 
(IRS Employer Identification No.)
         
  16F, China Development Bank Tower, No. 2, Gaoxin 1st Road, Xi’an, PRC
  (Address of principal executive offices)
         
   
710075
   
   
(Zip code)
   
         
   
86-29-88377161
   
   
(Registrant’s telephone number, including area code)
   
         
   
None.
   
   
(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.

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 8.01                                Other Events.

On June 22, 2012, SkyPeople Fruit Juice, Inc. (the “Company”) issued a press release jointly with Absaroka Capital Management, LLC ("Absaroka") announcing that the Company, Absaroka and Absaroka’s principal, Kevin Barnes, reached an out-of-court settlement of litigation in the U.S. District Court for the District of Wyoming on June 22, 2012.

A copy of the press release is attached hereto as Exhibit 99.1.

Item 9.01                                Financial Statements and Exhibits.

(d) 
Exhibits
 
Exhibit No.
 
99.1
Description
 
A copy of the press release dated June 22, 2012 issued by the Company.

                                
 
 

 
 
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.

Date: June 22, 2012
 
 
SKYPEOPLE FRUIT JUICE, INC.
 
 
By: /s/ Yongke Xue
      Yongke Xue
      Chief Executive Officer
EX-99.1 2 ex991.htm EXHIBIT 99.1 ex991.htm
Exhibit 99.1
For more information, please contact:
 
COMPANY
Xin Ma, CFO
SkyPeople Fruit Juice, Inc.
Tel:  China + 86 - 29-8837-7161
Email: oliver.x.ma@skypeoplefruitjuice.com
Web: http://www.skypeoplefruitjuice.com
INVESTOR RELATIONS
David Rudnick, Account Manager
CCG Investor Relations
Tel: US +1- 646-626-4172
Email: david.rudnick@ccgir.com
Web: http://www.ccgir.com
 
 

SkyPeople Fruit Juice and Absaroka Capital Management Reach Settlement

XI’AN , China , June 22, 2012 /PRNewswire-Asia-FirstCall/ -- SkyPeople Fruit Juice, Inc. (NASDAQ: SPU) (together with its direct and indirect subsidiaries, “SkyPeople” or the “Company”), a producer of fruit juice concentrates, fruit beverages and other fruit related products, in the People’s Republic of China (“PRC” or “China”), and Absaroka Capital Management, LLC, a private investment management firm, and its principal Kevin Barnes (together, “Absaroka”) (together with the Company, the “Parties”) today announced that they reached an out-of-court settlement of litigation in the U.S. District Court for the District of Wyoming. On July 7, 2011 the Company filed suit against Absaroka alleging that a June 1, 2011 report published by Absaroka (the “Report”) contained several false accusations against the Company rendering it defamatory. On November 14, 2011, Absaroka filed a counterclaim alleging that the Company’s June 2, 2011 press release in response to the Absaroka Article was defamatory and the Company’s suit was an abuse of process. The settlement includes a dismissal of all claims and counterclaims filed by the Parties, with neither party admitting any wrongdoing or liability.

As part of the settlement agreement, Absaroka has agreed to remove the Report from its website, undertake best efforts to remove the Report from third-party sites, and refrain from issuing any further articles, public statements, or research reports concerning SkyPeople. Absaroka reaffirms that the Report was based upon its views as of the original publication date, which were, accordingly, subject to change. In this regard, after an exhaustive internal investigation, SkyPeople has raised serious questions regarding the accuracy of information provided to Absaroka by Qingdao Inter-Credit, including, but not limited to, the State Administration of Industry and Commerce (“SAIC”) annual inspection reports relied upon by Absaroka in preparing the Report. Absaroka has agreed to remove the Report from its website to avoid further litigation concerning SkyPeople’s contentions concerning inaccuracies in the Report.
 
About SkyPeople Fruit Juice, Inc.
 
SkyPeople Fruit Juice, Inc., a Florida company, through its wholly-owned subsidiary Pacific Industry Holding Group Co., Ltd. (“Pacific”), a Vanuatu company, and SkyPeople Juice International Holding (HK) Ltd., a company organized under the laws of Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”), holds 99.78% ownership interest in SkyPeople Juice Group Co., Ltd. (“SkyPeople (China)”). SkyPeople (China) is engaged in the production and sales of fruit juice concentrates, fruit beverages, and other fruit related products in the PRC and overseas markets. Its fruit juice concentrates are sold to domestic customers and exported directly or via distributors. Fruit juice concentrates are used as a basic ingredient component in the food industry. Its brands, “Hedetang” and “SkyPeople”, which are registered trademarks in the PRC, are positioned as high quality, healthy and nutritious end-use juice beverages. For more information, please visit http://www.skypeoplefruitjuice.com.
 
 
 
 

 
 
Forward-Looking Statements
 
This press release contains certain "forward-looking statements" that involve a number of risks and uncertainties. There can be no assurance that such statements will prove to be accurate and the actual results and future events could differ materially from management's current expectations. Such factors include, but are not limited to, the Company's ability to obtain the necessary financing to continue and expand operations, to market its products in new markets and to offer products at competitive pricing, to attract and retain management, and to integrate and maintain technical information and management information systems, political and economic factors in the People's Republic of China, compliance requirement of laws and regulations of the PRC, the effects of currency policies and fluctuations, general economic conditions and other factors detailed from time to time in the Company's filings with the United States Securities and Exchange Commission and other regulatory authorities. The Company undertakes no obligation to publicly update or revise any forward-looking statements, whether as a result of new information, future events or otherwise.