-----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, NeOojbhezW8kfNGLN22S41go8ydAVcVstW3DC3Qhvi46nmwDC8OOCsqzDriEl41Z IE1cgPU/WBDNDgeBDWkIfA== 0001181431-09-035219.txt : 20090714 0001181431-09-035219.hdr.sgml : 20090714 20090714125715 ACCESSION NUMBER: 0001181431-09-035219 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20090708 ITEM INFORMATION: Results of Operations and Financial Condition ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20090714 DATE AS OF CHANGE: 20090714 FILER: COMPANY DATA: COMPANY CONFORMED NAME: AMERICAN TECHNOLOGY CORP /DE/ CENTRAL INDEX KEY: 0000924383 STANDARD INDUSTRIAL CLASSIFICATION: HOUSEHOLD AUDIO & VIDEO EQUIPMENT [3651] IRS NUMBER: 870361799 STATE OF INCORPORATION: DE FISCAL YEAR END: 0930 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-24248 FILM NUMBER: 09943401 BUSINESS ADDRESS: STREET 1: 15378 AVENUE OF SCIENCE, SUITE 100 CITY: SAN DIEGO STATE: CA ZIP: 92128 BUSINESS PHONE: 858-676-1112 MAIL ADDRESS: STREET 1: 15378 AVENUE OF SCIENCE, SUITE 100 CITY: SAN DIEGO STATE: CA ZIP: 92128 8-K 1 rrd248456.htm PRESS RELEASE DATED JULY 8, 2009 Prepared By R.R. Donnelley Financial -- Form 8-K
 
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):  07/08/2009
 
American Technology Corporation
(Exact name of registrant as specified in its charter)
 
Commission File Number:  000-24248
 
Delaware
  
87-0361799
(State or other jurisdiction of
  
(IRS Employer
incorporation)
  
Identification No.)
 
15378 Avenue of Science, Ste 100,
San Diego, California 92128
(Address of principal executive offices, including zip code)
 
858-676-1112
(Registrant’s telephone number, including area code)
 
(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 2.02.    Results of Operations and Financial Condition
 
On July 8, 2009, we issued a press release announcing preliminary revenues for the fiscal quarter ended June 30, 2009. A copy of the press release is attached hereto as Exhibit 99.1 and is incorporated herein by reference.

In accordance with General Instruction B.2 of Form 8-K, the information in this Item 2.02, including Exhibit 99.1, shall not be deemed "filed" for purposes of Section 18 of the Securities Exchange Act of 1934, or otherwise subject to the liability of that section, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933, or the Exchange Act, except as expressly set forth by specific reference in such a filing.

 
 
Item 9.01.    Financial Statements and Exhibits
 
Exhibit Number          Description
99.1                      Press Release, dated July 8, 2009, issued by American Technology Corporation.
 

 

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 Technology Corporation
 
 
Date: July 14, 2009
     
By:
 
/s/    Katherine H. McDermott
               
Katherine H. McDermott
               
Chief Financial Officer
 
 

 

EXHIBIT INDEX
 
Exhibit No.
  
Description
EX-99.1
  
Press release dated July 8, 2009
EX-99.1 2 rrd248456_29000.htm PRESS RELEASE DATED JULY 8, 2009 FOR RELEASE UPON APPROVAL

FOR IMMEDIATE RELEASE

AMERICAN TECHNOLOGY TO REPORT RECORD

FISCAL Q3 REVENUES OF OVER $4.0 MILLION

Company Surpasses Total Fiscal 2008 Revenues

In First Nine Months of Fiscal 2009

SAN DIEGO, CA, July 8, 2009 - American Technology Corporation (ATC) (NASDAQ: ATCO), the source of the Long Range Acoustic Device™ (LRAD®) product line, announced today that it expects to report record fiscal Q3 revenues and to surpass total fiscal 2008 revenues in the first nine months of fiscal 2009. For fiscal Q3 2009, the Company expects to report revenues of over $4.0 million, surpassing fiscal Q3 2008 revenues of $2.7 million. For the first nine months of fiscal 2009 ended June 30, 2009, the Company expects to report record revenues of over $12.4 million, exceeding the $11.2 million in total revenues reported in fiscal year 2008.

"We followed our record quarterly revenues in fiscal Q2 with a strong fiscal Q3 anchored by LRAD sales to military and commercial maritime customers," remarked Tom Brown, president and CEO of American Technology. "In addition to LRAD deliveries, we shipped LRAD accessories to the U.S. Navy and launched and received the first order for our new LRAD 300X™ from the U.S. Army. Further 300X orders are expected this year."

"Having already exceeded fiscal 2008 revenues, we are focused on a strong finish to fiscal 2009 and building our business through increasing year over year LRAD sales and revenue growth," Brown added. "As we work to make LRAD a global standard, we are very encouraged with the developing markets and increasing acceptance of our proprietary product line and look forward to announcing more LRAD orders and business developments."

About American Technology Corporation

American Technology Corporation is Shaping the Future of Sound® by providing directed audio solutions that place clear, highly intelligible sound exactly where needed. ATC's Long Range Acoustic Device™ (LRAD®) and other directed sound technologies comprise the core of an expanding portfolio of products being used in diverse applications including, global military deployments, maritime security, critical infrastructure/commercial security, border/port security, law enforcement/emergency responder communications, and wildlife protection and control. For more information about ATC and its directed sound products, please visit the company's web site at www.atcsd.com.

Safe Harbor statement under the Private Securities Litigation Reform Act of 1995: Except for historical information contained herein, the matters discussed are forward-looking statements within the meaning of Section 21E of the Securities Exchange Act. You should not place undue reliance on these statements. We base these statements on particular assumptions that we have made in light of our industry experience, the stage of product and market development as well as our perception of historical trends, current market conditions, current economic data, expected future developments and other factors that we believe are appropriate under the circumstances. These statements involve risks and uncertainties that could cause actual results to differ materially from those suggested in the forward-looking statements, including but not limited to, the performance of our management team, market acceptance of our directed sound technologies and products, entry of competitors, t he possibility our intellectual property protections will not prevent others from marketing products similar to or competitive with our products, potential technical or manufacturing difficulties that could delay product deliveries or increase warranty costs, and other risks identified and discussed in our filings with the Securities and Exchange Commission. These forward-looking statements are based on information and management's expectations as of the date hereof. Future results may differ materially from our current expectations. For more information regarding other potential risks and uncertainties, see the "Risk Factors" section of the Company's Form 10-K for the fiscal year ended September 30, 2008. American Technology Corporation disclaims any intent or obligation to update those forward-looking statements, except as otherwise specifically stated.

FOR FURTHER INFORMATION CONTACT:

Investor Relations:

Robert Putnam

(858) 676-0519

robert@atcsd.com

 

 

 

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