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): January 27, 2012
DUNE ENERGY, INC.
(Exact name of registrant as specified in its charter)
| | | | |
| Delaware | | 001-32497 | | 95-4737507 |
(State or other jurisdiction of incorporation) | | (Commission File Number) | | (I.R.S. Employer Identification No.) |
| |
Two Shell Plaza 777 Walker Street, Suite 2300 Houston, Texas | | 77002 |
| (Address of principal executive offices) | | (Zip Code) |
Registrant’s telephone number, including area code: (713) 229-6300
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 1.01 Entry into a Material Definitive Agreement
On January 27, 2012, Dune Energy, Inc. (the “Company”) entered in to an Indemnification Agreement with each of the Company’s newly appointed directors, Michael R. Keener, Stephen P. Kovacs, Dr. Alexander A. Kulpecz, Jr, Emanuel R. Pearlman, Robert A. Schmitz and Eric R. Stearns.
The Indemnification Agreements provide that the Company will indemnify each person subject to an Indemnification Agreement (each, an “Indemnified Party”) to the fullest extent permitted by applicable law against all expenses, judgments, penalties, fines and amounts paid in settlement of certain proceedings that may result or arise in connection with such Indemnified Party serving in his capacity as an officer or director of the Company, or is or was serving at the request of the Company as an officer, director, employee or agent of another entity. The Indemnification Agreements further provide that, upon an Indemnified Party’s request, the Company will advance expenses to the Indemnified Party. Pursuant to the Indemnification Agreements, an Indemnified Party is presumed to be entitled to indemnification and anyone seeking to overcome this presumption has the burden of proving otherwise.
The foregoing description of the Indemnification Agreements is qualified in its entirety by reference to the form of Indemnification Agreement which is filed as Exhibit 10.1 to this Form 8-K.
Item 9.01 Financial Statements and Exhibits
| | |
Exhibit | | Name of Document |
Exhibit 10.1 | | Form of Indemnification Agreement (2012) |
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.
| | | | | | |
| | | | DUNE ENERGY, INC. |
| | | |
| Date: January 30, 2012 | | | | By: | | /s/ James A. Watt |
| | | | Name: James A. Watt |
| | | | Title: Chief Executive Officer |
EXHIBIT INDEX
| | |
Exhibit | | Name of Document |
Exhibit 10.1 | | Form of Indemnification Agreement (2012) |
