-----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, CUYa2weQ07e2fBE9K+EQlTP1DTbXTwIMWk31qNXiU81E2I2T7xU5MCLnKHTGQjLu NbSOoAE4jJlfYDWHSXqtag== 0001157523-09-008476.txt : 20091208 0001157523-09-008476.hdr.sgml : 20091208 20091208125521 ACCESSION NUMBER: 0001157523-09-008476 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20091208 ITEM INFORMATION: Regulation FD Disclosure FILED AS OF DATE: 20091208 DATE AS OF CHANGE: 20091208 FILER: COMPANY DATA: COMPANY CONFORMED NAME: TEL INSTRUMENT ELECTRONICS CORP CENTRAL INDEX KEY: 0000096885 STANDARD INDUSTRIAL CLASSIFICATION: ELECTRONIC COMPONENTS & ACCESSORIES [3670] IRS NUMBER: 221441806 STATE OF INCORPORATION: NJ FISCAL YEAR END: 0331 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-31990 FILM NUMBER: 091228130 BUSINESS ADDRESS: STREET 1: 728 GARDEN ST CITY: CARLSTADT STATE: NJ ZIP: 07072 BUSINESS PHONE: 2019331600 MAIL ADDRESS: STREET 1: 728 GARDEN ST CITY: CARLSTADT STATE: NJ ZIP: 07072 8-K 1 a6116360.htm TEL-INSTRUMENT ELECTRONICS CORP 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): December 8, 2009
____________________

TEL-INSTRUMENT ELECTRONICS CORP
(Exact name of registrant as specified in its charter)

New Jersey

33-18978

22-1441806

(State or other jurisdiction

of incorporation)

(Commission File Number)

 

(IRS Employer

Identification No.)


728 Garden St
Carlstadt, New Jersey 07072

 

(201) 933-1600

(Address of principal
executive offices)

(Registrant's telephone number,
including area code)




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))

1

Section 7 – Regulation FD

Item 7.01.   Regulation FD Disclosure

          On December 8, 2009, Tel-Instrument Electronics Corp announced the dismissal of the Aeroflex civil lawsuit in Kansas against the Company related to the $44 million Indefinite Delivery Indefinite Quantity (IDIQ) contract award from the Army for the Mode 5 upgrade of the TS-4530 IFF test set.  

A copy of the press release is attached as Exhibit 99.1 and incorporated herein by reference.



SIGNATURE

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 there unto duly authorized.

TEL-INSTRUMENT ELECTRONICS CORP

 

 
Date: December 8, 2009 By:

/s/ Harold K. Fletcher

Harold K. Fletcher

Chairman and President

2

EX-99.1 2 a6116360ex991.htm EXHIBIT 99.1

Exhibit 99.1

Tel-Instrument Electronics Corp. Announces Kansas Court Has Ordered
The Dismissal of Aeroflex Civil Lawsuit Against The Company

CARLSTADT, N.J.--(BUSINESS WIRE)--December 8, 2009--Tel Instrument Electronics Corp. ("Tel" or the “Company”) (NYSE Amex: TIK) announces that the Kansas court has issued a memorandum decision for an order dismissing the Aeroflex civil lawsuit against the Company pertaining to the $44 million IDIQ contract award from the Army for the Mode 5 upgrade of the TS-4530 IFF test set.

Tel’s President, Jeff O’Hara, stated that “Tel is pleased that the Kansas court has ordered the dismissal of the Aeroflex civil suit against the Company. While this decision was based primarily on jurisdictional issues, the ruling did note that Aeroflex, after discovery proceedings, did not provide any evidence that Tel or its employees misappropriated Aeroflex trade secrets. The Kansas ruling also referenced the Army’s findings, in its response to the GAO, which rejected Aeroflex’s claims and determined that Tel used its own proprietary technology on this program. While Aeroflex can still pursue its civil case against two Tel employees in Kansas, or appeal this decision or re-file these allegations against the Company in New Jersey, Tel remains confident as to the outcome of any potential follow-on litigation.”

This press release includes statements that are not historical in nature and may be characterized as "forward-looking statements," including those related to future financial and operating results, statements concerning the Company's outlook, pricing trends, and forces within the industry, the completion dates of capital projects, expected sales growth, cost reduction strategies, and their results, long-term goals of the Company and other statements of expectations, beliefs, future plans and strategies, anticipated events or trends, and similar expressions concerning matters that are not historical facts. All predictions as to future results contain a measure of uncertainty and, accordingly, actual results could differ materially. Among the factors which could cause a difference are: changes in the general economy; changes in demand for the Company's products or in the cost and availability of its raw materials; the actions of its competitors including potential award protests; the success of our customers; technological change; changes in employee relations; government regulations; litigation, including its inherent uncertainty; difficulties in plant operations and materials; transportation, environmental matters; and other unforeseen circumstances. A number of these factors are discussed in the Company's previous filings with the Securities and Exchange Commission. The Company disclaims any intention or obligation to update any forward-looking statements as a result of developments occurring after the date of this press release.

Tel is a leading designer and manufacturer of avionics test and measurement solutions for the global commercial air transport, general aviation, and government/military aerospace and defense markets. Tel provides instruments to test, measure, calibrate, and repair a wide range of airborne navigation and communication equipment. For further information please visit our website at www.telinstrument.com.

The Company's stock is traded in the New York Stock Exchange Amex under the symbol TIK.

CONTACT:
Tel Instrument Electronics Corp.
Mr. Joseph P. Macaluso, 201-933-1600

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