-----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, RxPb90x/0xttifs7Tmv77ldbLuZ93Qd9sBWdSfCbYzmbcgC89wUy1BHBtk63LwHn cfAMNCdyoms5GqFrgp2Rlw== 0001299933-09-001587.txt : 20090409 0001299933-09-001587.hdr.sgml : 20090409 20090408192104 ACCESSION NUMBER: 0001299933-09-001587 CONFORMED SUBMISSION TYPE: 8-K/A PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20090305 ITEM INFORMATION: Entry into a Material Definitive Agreement ITEM INFORMATION: Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers: Compensatory Arrangements of Certain Officers FILED AS OF DATE: 20090409 DATE AS OF CHANGE: 20090408 FILER: COMPANY DATA: COMPANY CONFORMED NAME: BIOLASE TECHNOLOGY INC CENTRAL INDEX KEY: 0000811240 STANDARD INDUSTRIAL CLASSIFICATION: DENTAL EQUIPMENT & SUPPLIES [3843] IRS NUMBER: 870442441 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K/A SEC ACT: 1934 Act SEC FILE NUMBER: 000-19627 FILM NUMBER: 09740873 BUSINESS ADDRESS: STREET 1: 4 CROMWELL CITY: IRVINE STATE: CA ZIP: 92618 BUSINESS PHONE: 949-361-1200 MAIL ADDRESS: STREET 1: 4 CROMWELL CITY: IRVINE STATE: CA ZIP: 92618 FORMER COMPANY: FORMER CONFORMED NAME: LASER MEDICAL TECHNOLOGY INC DATE OF NAME CHANGE: 19941117 FORMER COMPANY: FORMER CONFORMED NAME: LASER ENDO TECHNIC CORP DATE OF NAME CHANGE: 19920708 FORMER COMPANY: FORMER CONFORMED NAME: PAMPLONA CAPITAL CORP DATE OF NAME CHANGE: 19911104 8-K/A 1 htm_32195.htm LIVE FILING Biolase Technology, Inc. (Form: 8-K/A)  

 


UNITED STATES
SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, D.C. 20549

FORM 8-K/A
(Amendment No. 2)

CURRENT REPORT

Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934

     
Date of Report (Date of Earliest Event Reported):   March 5, 2009

Biolase Technology, Inc.
__________________________________________
(Exact name of registrant as specified in its charter)

     
Delaware 000-19627 87-0442441
_____________________
(State or other jurisdiction
_____________
(Commission
______________
(I.R.S. Employer
of incorporation) File Number) Identification No.)
      
4 Cromwell, Irvine, California   92618
_________________________________
(Address of principal executive offices)
  ___________
(Zip Code)
     
Registrant’s telephone number, including area code:   949-361-1200

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:

[  ]  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 1.01 Entry into a Material Definitive Agreement.

The information set forth below under Item 5.02(e) is incorporated by reference into this Item 1.01.





Item 5.02 Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers.

(e) Amendment to Employment Agreement of David M. Mulder

On March 5, 2009, Biolase Technology, Inc. (the "Company") filed a Current Report on Form 8-K with the Securities and Exchange Commission, which was amended by Amendment No. 1 to the Current Report on Form 8-K, filed on March 13, 2009 (together, the "March Form 8-K") to disclose, among other things, the appointment of David M. Mulder, previously the Company’s Chief Financial Officer, to the position of Chief Executive Officer. The Company disclosed in the March Form 8-K that it had entered into a letter agreement amending Mr. Mulder’s employment agreement with the Company.

The purpose of this second amendment to the March Form 8-K is to disclose that the Company has entered into a second letter agreement, dated April 3, 2009, further modifying the terms and conditions of Mr. Mulder’s employment with the Company (the "Second Letter Agreement"). Under the terms of the Second Letter Agreement, Mr. Mulder will receive a n annual base salary of $250,000. In addition, Mr. Mulder is eligible to receive a maximum annual performance bonus of up to $150,000, which is determined by the achievement of certain criteria established by the Board of Directors of the Company. Finally, until December 31, 2009, Mr. Mulder will be provided with a temporary apartment in Irvine, California that is reasonable to both the Company and Mr. Mulder. One-half of the rental cost of this apartment will be counted toward the relocation expenses cap as set forth in Mr. Mulder’s employment agreement.

In connection with his appointment, Mr. Mulder was granted a nonqualified stock option to purchase 100,000 shares of the Company’s common stock, at fair market value as of the close of business on April 3, 2009. This option will vest in twelve equal consecutive quarterly installments, beginning three months from the date of grant.

There was no arrangement or understanding pursuant to which Mr. Mulder was selected as Chief E xecutive Officer, and there are no related party transactions between the Company and Mr. Mulder reportable under Item 404(a) of Regulation S-K.






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.

         
    Biolase Technology, Inc.
          
April 8, 2009   By:   /s/ David M. Mulder
       
        Name: David M. Mulder
        Title: Chief Executive Officer
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