Modtech Holdings, Inc. Form 8-K re May 5, 2005 event

-----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, Vt3j4GdfIbXgejJpkRtrsJSZPxhfZL20dYM9Ugr4LqRFpJ5CbZnmE2H73F8XIIFc Ox8CGvoHoBskCAZZh99arA== 0001193125-05-102873.txt : 20050510 0001193125-05-102873.hdr.sgml : 20050510 20050510163941 ACCESSION NUMBER: 0001193125-05-102873 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20050505 ITEM INFORMATION: Triggering Events That Accelerate or Increase a Direct Financial Obligation under an Off-Balance Sheet Arrangement FILED AS OF DATE: 20050510 DATE AS OF CHANGE: 20050510 FILER: COMPANY DATA: COMPANY CONFORMED NAME: MODTECH HOLDINGS INC CENTRAL INDEX KEY: 0001075066 STANDARD INDUSTRIAL CLASSIFICATION: PREFABRICATED WOOD BLDGS & COMPONENTS [2452] IRS NUMBER: 330825386 STATE OF INCORPORATION: CA FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-25161 FILM NUMBER: 05817291 BUSINESS ADDRESS: STREET 1: 2830 BARRETT AVE STREET 2: PO BOX 1240 CITY: PERRIS STATE: CA ZIP: 92571 BUSINESS PHONE: 9099434014 MAIL ADDRESS: STREET 1: 4675 MACARTHUR CT., STREET 2: SUITE 710 CITY: NEWPORT STATE: CA ZIP: 92660 8-K 1 d8k.htm MODTECH HOLDINGS, INC. FORM 8-K RE MAY 5, 2005 EVENT Modtech Holdings, Inc. Form 8-K re May 5, 2005 event

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): May 5, 2005

MODTECH HOLDINGS, INC.

(Exact name of registrant as specified in its charter)

Delaware

000-25161

33-0825386

(State or other jurisdiction

of incorporation)

(Commission File Number)

(IRS Employer

Identification No.)

2830 Barrett Avenue

Perris, California

92571

(Address of principal executive offices)

(Zip Code)

Registrant’s telephone number, including area code: (951) 943-4014

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:

¨	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))

Item 2.04 Triggering Events that Accelerate or Increase a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement.

On May 5, 2005, Modtech Holdings, Inc. (the “Company”), received a letter from Amphora Limited (“Amphora”), notifying the Company that Amphora was entitled to a payment of $250,000 (the “Registration Delay Payment”) due to the fact that the Company had not had a registration statement covering shares of the Company’s common stock issuable upon conversion of the Company’s 7% senior subordinated secured convertible note in the principal amount of $25 million (the “Note”) declared effective by April 29, 2004, as required by a Registration Rights Agreement by and among the Company and Amphora, dated December 30, 2004. The failure of the Company to make the Registration Delay Payment by April 30, 2004 was an Event of Default under the Note which resulted in an increase in the interest rate under the Note to 12.5% per annum from April 30, 2005 until May 6, 2005, when the Company made the Registration Delay Payment. Effective upon payment of the Registration Delay Payment, the interest rate under the Note was reduced to the prior interest rate of 7% per annum.

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.


	MODTECH HOLDINGS, INC.

Date: May 10, 2005	By:	/S/ DENNIS L. SHOGREN
		Dennis L. Shogren
		Chief Financial Officer

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