-----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, GW+k4N330riNXRdvCqGW4VzVEByRNOdupLmzN3n8Qj2juvMVsWzFq29WM8r2FsgO KCs/7hr7SFogh61SYn3i9A== 0001144204-10-048112.txt : 20100903 0001144204-10-048112.hdr.sgml : 20100903 20100903122007 ACCESSION NUMBER: 0001144204-10-048112 CONFORMED SUBMISSION TYPE: 8-K/A PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20100902 ITEM INFORMATION: Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers: Compensatory Arrangements of Certain Officers ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20100903 DATE AS OF CHANGE: 20100903 FILER: COMPANY DATA: COMPANY CONFORMED NAME: AMERICAN BIO MEDICA CORP CENTRAL INDEX KEY: 0000896747 STANDARD INDUSTRIAL CLASSIFICATION: PHARMACEUTICAL PREPARATIONS [2834] IRS NUMBER: 141702188 STATE OF INCORPORATION: NY FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K/A SEC ACT: 1934 Act SEC FILE NUMBER: 000-28666 FILM NUMBER: 101056907 BUSINESS ADDRESS: STREET 1: 122 SMITH ROAD CITY: KINDERHOOK STATE: NY ZIP: 12106 BUSINESS PHONE: 5187588158 MAIL ADDRESS: STREET 1: 122 SMITH ROAD CITY: KINDERHOOK STATE: NY ZIP: 12106 8-K/A 1 v196013_8ka.htm 8-K/A
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C.  20549
FORM 8-K/A
(Amendment No. 1)
 
CURRENT REPORT
 
Pursuant to Section 13 OR 15(d) of The Securities Exchange Act of 1934
 
Date of Report (Date of earliest event reported):  September 2, 2010
 
                          AMERICAN BIO MEDICA CORPORATION                         
 
(Exact name of registrant as specified in its charter)
 
New York
 
0-28666
 
14-1702188
(State or other jurisdiction of
incorporation)
 
(Commission File Number)
 
(IRS Employer Identification
Number)
 
122 Smith Road, Kinderhook, NY
 
  12106
(Address of principal executive offices)
 
  (Zip Code)
 
Registrant’s telephone number, including area code:  518-758-8158
 
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 (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))
 
 
 

 
 
Item 5.02  Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers
 
Explanatory Note: This current report on Form 8-K/A amends the current report on Form 8-K (the “Original Form 8-K”) filed by American Bio Medica Corporation (the “Company”) with the U.S. Securities and Exchange Commission on August 20, 2010. The Original Form 8-K reported an error in the new base salary of the Company’s Chief Financial Officer and Executive Vice President, Finance Stefan Parker.  The correct disclosure follows:
 
On August 18, 2010, the Board of Directors of American Bio Medica Corporation (the “Company”), upon recommendation of the Compensation Committee of the Company and upon motion duly made, seconded and carried unanimously, adopted a resolution to increase the base salary of the Company’s Chief Financial Officer and Executive Vice President, Finance Stefan Parker (“Parker”) from $120,000 on an annualized basis to $135,000 on an annualized basis. The increase in base salary is effective August 30, 2010. All other respects of Parker’s employment letter dated August 22, 2007 remain unchanged and in full force and effect.
 
Item 9.01  Financial Statements and Exhibits
 
(d)    Exhibits
 
10.33.1     Letter Amending Employment Letter between the Company and Stefan Parker
 
 
 

 
 
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.

 
AMERICAN BIO MEDICA CORPORATION (Registrant)
     
Dated: September 3, 2010
By:
/s/ Melissa A. Waterhouse
   
Melissa A. Waterhouse
   
Vice President & Chief Compliance Officer
   
Corporate Secretary
 
 
 

 
EX-10.33.1 2 v196013_ex10-33x1.htm EX-10.33.1
 
EXHIBIT 10.33.1

August 18, 2010
 
Stefan Parker
5 Wood Duck Place
Waterford, NY 12188
 
Dear Stefan,
 
On August 18, 2010, the Compensation Committee of the American Bio Medica Corporation (“ABMC” or the “Company”) Board of Directors recommended that the base salary outlined in your August 22, 2007 employment letter (the “Employment Letter”) be increased from $120,000 on an annualized basis, to $135,000 on an annualized basis. Upon consideration of this recommendation, the Board of Directors of the Company, upon a duly made, seconded and unanimously carried motion, adopted a resolution that your base salary be increased to $135,000 on an annualized basis.
 
This letter shall serve as an amendment to your Employment Letter. More specifically, the following term shall be amended as follows:
 
Compensation
 
Effective August 30, 2010, your base salary will be $11,250.00 per month, which is equivalent to $135,000 on an annualized basis.  You will be eligible for your first performance review by the Board of Directors in August 2011.
 
If you so desire, the cost of your health insurance (including family coverage if you so require) shall be borne 100% by the Company.  Please notify Human Resources if you wish to receive this benefit.
 
You shall receive a car allowance of $10,000 per year, to be paid on a monthly basis and subject to tax on your part, and reimbursement for any approved company related expenses.
 
You shall participate in the Management Bonus Program as approved by the Board of Directors on January 19, 2005, and as amended by the Board of Directors on November 9, 2005.
 
In all other respects your Employment Letter shall remain in full force and effect and unaltered.
 
Sincerely,

/s/ Stan Cipkowski
 
Stan Cipkowski
 
Chief Executive Officer
 
By order of the American Bio Medica Corporation Board of Directors
 
   
Accepted this 18th Day of August, 2010:
 
   
/s/ Stefan Parker
 
Stefan Parker
 

 
 

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