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 14, 2009
ATSI Communications, Inc.
(Exact Name of Registrant as Specified in Charter)
Nevada
(State or Other Jurisdiction of Incorporation
001-15687 (Commission File Number) | | 74-2849995 (I.R.S. Employer Identification No.) |
3201 Cherry Ridge, Building C, Suite 300 San Antonio, Texas (Address of Principal Executive Offices) | | 78230 (Zip Code) |
(210) 614-7240
(Registrant’s Telephone Number, Including Area Code)
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.
¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act
¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act
¨ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act
| Item 2.02. | Results of Operations and Financial Condition. |
On December 14, 2009, ATSI Communications, Inc. (the “Company”) issued a press release regarding its results of operations for the quarter ended October 31, 2009. A copy of this press release is being furnished herewith as Exhibit 99.1 and is incorporated herein by reference.
Pursuant to General Instruction B.2, the information furnished pursuant to this Item 2.02 and Exhibit 99.1 shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to the liabilities of that section and shall not be deemed to be incorporated into any filing under the Securities Exchange Act of 1934, as amended, or the Securities Act of 1933, as amended, notwithstanding any general incorporation language in those filings.
| Item 2.03. | Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant |
On December 15, 2009, the Company’s $5 million Account Transfer Agreement (the “Agreement”) with Wells Fargo Business Credit was automatically extended according to its terms until December 15, 2010. Under the Agreement, the Company may sell not less than $350,000 and no more than $5,000,000 of its accounts receivable to Wells Fargo Business Credit and for a discounted amount based on the number of days between the date of sale and the date of collection.
| Item 9.01. | Financial Statements and Exhibits. |
| Exhibit No. | | Description |
| | | |
| 99.1 | | Press release dated December 14, 2009 |
| 99.2 | | Press release dated December 15, 2009 |
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.
| | ATSI Communications, Inc. |
| | |
| Date: December 16, 2009 | By: | /s/ Antonio Estrada Jr. |
| | | |
| | | Antonio Estrada Jr. |
| | | Sr. VP of Finance & |
| | | Corporate Controller |
EXHIBIT INDEX
| Exhibit No. | | Description |
| | | |
| 99.1 | | Press release dated December 14, 2009 |
| 99.2 | | Press release dated December 15, 2009 |
