UNITED
STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 20549
FORM
CURRENT REPORT PURSUANT
TO SECTION 13 OR 15(D) OF THE
SECURITIES EXCHANGE ACT OF 1934
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Title of each class | Trading Symbol(s) | Name of each exchange on which registered | ||
Item 1.01 – Entry into a Material Definitive Agreement
On June 15, 2023, Applied Energetics, Inc. executed the First Amendment to Lease Agreement, effective June 7, 2023, which amended its existing Lease Agreement, dated as of March 15, 2021 (the “Lease”), with Campus Research Corporation, an Arizona corporation, as Landlord.
The amendment expands the Lease to add one new 8,374 usable square-foot suite of offices, conference rooms and cubicle areas directly across an atrium from the company’s current headquarters so that the company will occupy the entire first floor of the building. [This is expected to enable the company to separate its public facing facilities from its restricted access space easily.] The amendment also extends the Lease over the company’s existing headquarters through July 31, 2028 and grants the company an option over 5,520 usable square feet of manufacturing space.
The term of occupancy in the new office space and the option over the manufacturing space both begin August 1, 2023. The monthly base rent for the new office space is set as follows:
Rent Year | Monthly Base Rent | |||
August 1, 2023 - July 31, 2024 | $ | 7,435.46 | ||
August 1, 2024 - July 31, 2025 | $ | 8,334.25 | ||
August 1, 2025 - July 31, 2026 | $ | 9,233.04 | ||
August 1, 2026 - July 31, 2027 | $ | 10,131.83 | ||
August 1, 2027 - July 31, 2028 | $ | 11,030.63 |
The option is effective, at a price of $2,690.83 per month, from August 1, 2023 through February 1, 2024, but may be extended to July 31, 2024 if the company provides written notice by November 30, 2023. The monthly base rent for the manufacturing space, should the company opt to occupy it is set as follows:
Rent Year | Monthly Base Rent | |||
August 1, 2023 - July 31, 2024 | $ | 4,843.50 | ||
August 1, 2024 - July 31, 2025 | $ | 5,247.13 | ||
August 1, 2025 - July 31, 2026 | $ | 5,650.75 | ||
August 1, 2026 - July 31, 2027 | $ | 6,054.38 | ||
August 1, 2027 - July 31, 2028 | $ | 6,458.00 |
Under the amendment, the Lease extends through July 31, 2028 for all three spaces. The monthly rent for the company’s existing space is set at $17,825.33 and $18,270.97 for May 1, 2026 through April 30, 2027 and May 1, 2027 through July 31, 2028, respectively.
Item 9.01 -- Exhibits
10.1 | First Amendment to Lease Agreement. | |
99.1 | Press Release, dated as of June 22, 2023, titled “Applied Energetics Announces Expansion of its Tucson Headquarters at UA Tech Park” | |
104 | Cover Page Interactive Data File (embedded within the Inline XBRL document) |
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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 thereunto duly authorized.
APPLIED ENERGETICS, INC. | ||
By: | /s/ Gregory J. Quarles | |
Gregory J. Quarles, President and | ||
Chief Executive Officer |
Date: June 22, 2023
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Exhibit 10.1
FIRST AMENDMENT TO LEASE
This FIRST AMENDMENT TO LEASE is made as of July 30, 2007, by and between the Arizona Board of Regents for and on behalf of the University of Arizona (“Lessor”) and Campus Research Corporation, an Arizona nonprofit corporation formerly known as Rita Road Campus Corporation (“Lessee”).
Recitals:
A. Lessor and Lessee (then known as Rita Road Campus Corporation) are parties to a Lease dated as of August 5, 1994 with respect to the Premises described therein (the “Lease”).
B. Lessor and Lessee desire to amend the Lease on the terms and conditions set forth herein.
Terms:
Accordingly, Lessor and Lessee agree as follows:
1. Extension of Term. The Term of the Lease as set forth in paragraph 1 thereof is hereby extended to July 31, 2033, and the term “Expiration Date” therein shall mean July 31, 2033
2. Succession of Responsibilities. Unless otherwise directed and agreed by Lessor, upon the expiration or other termination of the Project Operation Agreement dated August 5, 1994, between Lessee and International Business Machines Corporation (“POA’’), and thereafter for the remainder of the Term, Lessee shall be responsible for all Common Services as identified therein, for the remainder of the Term of the Lease as hereby amended.
3. Lessor’s Agent. Paragraph 4 of the Lease appointing the President of the University of Arizona as Lessor’s agent thereunder, is hereby amended to provide that, notwithstanding such appointment --
a. The Annual Report described in paragraph 5(c) of the Lease shall be filed with the Executive Director of the Board of Regents.
b. Lessor’s agent may not approve any new Sublease under paragraph 8 of the Lease in excess of 25,000 square feet, or any renewal of any Sublease in excess of 50,000 square feet, unless such new Sublease or renewal of Sublease has been reviewed by the Capital Committee of the Board of Regents.
Lessor’s agent may not approve any Ground Sublease under paragraph 8 of the Lease unless such Sublease has been reviewed by the Capital Committee of the Board of Regents. To the extent that the term of any such Ground Sublease extends beyond the Expiration Date, approval by the Board of Regents shall be required either to extend the Term with respect to such parcel or otherwise to recognize the leasehold.
d. Lessee’s articles of incorporation or by-laws shall provide that Lessor’s Agent shall have the power to appoint three members of Lessee’s board of directors, and that the President of the Arizona Board of Regents shall appoint one member of the Lessee’s Board of Directors, and that the appointee of the President of the Arizona Board of Regents shall also serve on Lessee’s Executive Committee
4. Except as herein amended, the Lease shall remain unchanged and in full force and effect in accordance with its terms.
IN WITNESS WHEREOF, Lessor and Lessee have hereunto set their hands effective as of the day and year first above written.
LESSOR: | ARIZONA BOARD OF
REGENTS, for and on behalf of the University of Arizona | |
By: | ||
Its: |
LESSEE: |
CAMPUS RESEARCH
CORPORATION, | |
By: | ||
Its: |
State of Arizona | ) |
) ss. | |
County of Pima | ) |
Acknowledged before me on July 30, 2007, by Robert N. Shelton as President of the Arizona Board of Regents, on behalf of the Board for the University of Arizona.
/s/ Sheri L. Hill | |
Notary Public |
My commission expires:
October 31, 2010
2
State of Arizona | ) |
) ss. | |
County of Pima | ) |
Acknowledged before me on July 23, 2007, by Donald Pitt as President of the Campus Research Corporation, on behalf of the corporation.
/s/ Kathryn B. Nelson | |
Notary Public |
My commission expires:
3
Exhibit 99.1
Applied Energetics Announces Expansion of its Tucson Headquarters at UA Tech Park
Tucson, Ariz., June 22, 2023 – Applied Energetics, Inc. OTCQB: AERG), a leader in the advancement of ultrashort pulse laser technologies (USPL) announced today plans for the expansion of its capabilities and footprint at its Tucson headquarters’ facility with a new approximately 8,300 square feet facility located in the same building at UA Tech Park. This expansion is expected to support the Company's anticipated future growth and provide greater capacity for research, product development, training, testing, evaluation, and production activities.
The Company currently operates within an ITAR and laser safety compliant facility totaling approximately 13,000 square feet, of which approximately 4,800 square feet is dedicated to a Class 1000 (ISO 6) Cleanroom. This expansion will bring the Company’s total footprint to approximately 21,300 square feet with the option to lease an additional approximately 5,500 square feet.
Applied Energetics’ corporate headquarters is in the University of Arizona Tech Park
“This expansion represents an exciting milestone for our Tucson facility and supports our long-term strategy to scale our operations, invest in our infrastructure, and execute on our strategic plans to be a leader in the development of directed energy technologies” said Dr. Gregory Quarles, President and CEO at Applied Energetics. “We have been fortunate to be able to access the Tucson area's world-class talent and the business support and infrastructure provided by UA Tech Park. We look forward to the continued growth of our workforce here as we advance our program activities with our customers.”
UA Tech Park is a research and technology park owned and operated by the University of Arizona where emerging businesses and tech giants work side by side. The UA Tech Park provides the infrastructure for business, community, and the University of Arizona to connect and advance leading edge technology. Located in one of Arizona’s fast-growing suburban settings on Tucson’s southeast side at Rita Road, the Park’s spacious campus encompasses 1,282 acres and has 2 million square feet of space for high-tech offices, R&D, and laboratory facilities.
About Applied Energetics, Inc.
Applied Energetics, Inc., a leader in Advanced Optical Technologies and Ultrashort Pulse Directed Energy Solutions, utilizes patented, dual-use laser and optical technologies to advance critical industries, including defense, national security, biomedical and manufacturing. Applied Energetics pioneered and holds all crucial intellectual property rights to the development and use of Laser Guided Energy technology and related solutions for defense, security, commercial, and medical applications.
Forward Looking Statements
Certain statements in this press release constitute forward-looking statements within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. Forward-looking statements include all statements that do not relate solely to the historical or current facts and can be identified by the use of forward-looking words such as "may," "believe," "will," "expect," "project," "anticipate," "estimates," "plans," "strategy," "target," "prospects," or "continue," and words of similar meaning. These forward-looking statements are based on the current plans and expectations of our management and are subject to a number of uncertainties and risks that could significantly affect our current plans and expectations, as well as future results of operations and financial condition and may cause our actual results, performances or achievements to be materially different from any future results, performances or achievements expressed or implied by such forward-looking statements. We do not assume any obligation to update these forward-looking statements to reflect actual results, changes in assumptions, or changes in other factors affecting such forward-looking statements.
For Investor information contact:
Kevin
McGrath, Managing Director
Cameron Associates, Inc.
kevin@cameronassoc.com
T: 646-418-7002
Media Contact:
Sara
Knott
LaunchTech Communications
sknott@golaunchtech.com
T: 540-764-0043
SOURCE: Applied Energetics, Inc.