UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 20549
FORM 10-Q/A
Amendment No. 1
(Mark One)
[X] QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934
For the quarterly period ended June 30, 2012
[ ] TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934
For the transition period from ____________ to ____________
Commission File Number: 000-52051 |
THE MINT LEASING, INC. (Exact Name of Registrant as Specified in Its Charter) |
Nevada (State or Other Jurisdiction of Incorporation or Organization) | 87-0579824 (IRS Employer Identification No.) |
323 N. Loop West, Houston, Texas (Address of Principal Executive Offices) | 77008 (Zip Code) |
(713) 665-2000 (Registrant’s Telephone Number, Including Area Code) |
Indicate by check mark whether the registrant: (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days. þ Yes o No
Indicate by check mark whether the registrant has submitted electronically and posted on its corporate Web site, if any, every Interactive Data File required to be submitted and posted pursuant to Rule 405 of Regulation S-T (§232.405 of this chapter) during the preceding 12 months (or for such shorter period that the registrant was required to submit and post such files). þ Yes o No
Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer, or a smaller reporting company. See the definitions of “large accelerated filer,” “accelerated filer” and “smaller reporting company” in Rule 12b-2 of the Exchange Act. (Check one):
Large Accelerated Filer o | Accelerated Filer o |
Non-Accelerated Filer o | Smaller reporting companyþ |
(Do not check if a smaller reporting company)
Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act). o Yes þ No
As of August 15, 2012, there were 82,414,980 shares of the registrant’s common stock, $0.001 par value per share outstanding.
EXPLANATORY NOTE
The purpose of this Amendment No. 1 to The Mint Leasing, Inc.’s Quarterly Report on Form 10-Q for the quarterly period ended June 30, 2012, filed with the Securities and Exchange Commission on August 20, 2012 (the “Form 10-Q”), is solely to furnish Exhibit 101 to the Form 10-Q in accordance with Rule 405 of Regulation S-T. Exhibit 101 to this report provides the consolidated financial statements and related notes from the Form 10-Q formatted in XBRL (eXtensible Business Reporting Language).
This Amendment No. 1 to the Form 10-Q speaks as of the original filing date of the Form 10-Q, does not reflect events that may have occurred subsequent to the original filing date, and does not modify or update in any way disclosures made in the original Form 10-Q.
Pursuant to Rule 406T of Regulation S-T, the interactive data files on Exhibit 101 hereto are deemed not filed or part of a registration statement or prospectus for purposes of Sections 11 or 12 of the Securities Act of 1933, as amended, are deemed not filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and otherwise are not subject to liability under those sections.
Item 6. Exhibits
See “Exhibit Index”.
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 thereunto duly authorized.
THE MINT LEASING, INC. | |
DATED: September 10, 2012 | |
By: /s/ Jerry Parish | |
Jerry Parish | |
Chief Executive Officer and Chief Financial Officer, | |
Secretary and President | |
(Principal Executive Officer and Principal Accounting Officer) |
EXHIBIT INDEX
Exhibit No. | Description of Exhibit |
3.1(2) | Amended and Restated Articles of Incorporation |
3.2(2) | Amended and Restated Bylaws |
3.3(3) | Amendment to the Bylaws of the Company |
4.1(1) | Incentive Stock Option for 2,000,000 shares |
4.2(1) | Designation of Series B Convertible Preferred Stock |
4.3(2) | 2008 Directors, Officers, Employees and Consultants Stock Option, Stock Warrant and Stock Award Plan |
10.1(1) | Agreement and Plan of Reorganization among Legacy Communications Corporation, The Mint Leasing, Inc., a Texas corporation, and the shareholders of the Mint Leasing, Inc., dated July 18, 2008 (without Exhibits). |
10.2(1) | Stock Purchase Agreement between Legacy Communications Corporation and Three Irons, Inc. dated July 18, 2008. |
10.3(1) | Employment Agreement between The Mint Leasing, Inc. and Jerry Parish dated July 10, 2008 assumed by The Mint Leasing, Inc. (f/k/a Legacy Communications Corporation) |
10.4(1) | Form of Indemnification Agreements between The Mint Leasing, Inc. (f/k/a Legacy Communications Corporation) and each of Jerry Parish, Michael Hluchanek, and Kelley V. Kirker |
10.5(4) | Modification, Renewal and Extension Agreement with Sterling Bank |
10.6(5) | Modification Agreement with Sterling Bank |
10.7(5) | Third Renewal, Extension and Modification Agreement with Moody Bank |
10.8(6) | Securities Purchase Agreement |
10.9(6) | Convertible Promissory Note |
10.10(6) | First Amendment to Employment Agreement with Jerry Parish |
10.11(7) | Amendment No. 1 to Convertible Promissory Note with Asher Enterprises, Inc. |
10.12(8) | Fourth Renewal, Extension and Modification Agreement with Moody Bank |
10.13(8) | March 2012 Extension Agreement with Comerica Bank |
10.14* | $100,000 Promissory Note with Pamela Kimmel (December 6, 2011) |
10.15* | $100,000 Promissory Note with Pablo J. Olivarez (November 28, 2011) |
10.16* | $220,000 Promissory Note with Sambrand Interests, LLC (February 2, 2012) |
10.17* | $250,000 Promissory Note with Sambrand Interests, LLC |
10.18* | Form of Company Dealer Agreement |
10.19* | Second Amendment to Employment Agreement |
14.1(1) | Code of Ethics dated July 18, 2008 |
21.1(5) | Subsidiaries |
31* | Certificate of the Chief Executive Officer and Chief Financial Officer pursuant to Section 302 of the Sarbanes-Oxley Act of 2002 |
32* | Certificate of the Chief Executive Officer and Chief Financial Officer pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 |
101.INS** | XBRL Instance Document |
101.SCH** | XBRL Taxonomy Extension Schema Document |
101.CAL** | XBRL Taxonomy Extension Calculation Linkbase Document |
101.DEF** | XBRL Taxonomy Extension Definition Linkbase Document |
101.LAB** | XBRL Taxonomy Extension Label Linkbase Document |
101.PRE** | XBRL Taxonomy Extension Presentation Linkbase Document |
(1) Filed as exhibits to the Company’s Form 8-K/A filed with the Commission on July 28, 2008, and incorporated herein by reference.
(2) Filed as exhibits to the Company’s Definitive Schedule 14C filing, filed with the Commission on June 26, 2008, and incorporated herein by reference.
(3) Filed as an exhibit to the Company’s Form 8-K, filed with the Commission on July 9, 2008, and incorporated herein by reference.
(4) Filed as an exhibit to the Company’s Form 10-K, filed with the Commission on April 15, 2009, and incorporated herein by reference.
(5) Filed as an exhibit to the Company’s Form 10-K, filed with the Commission on April 15, 2011, and incorporated herein by reference.
(6) Filed as an exhibit to the Company’s Form 10-Q, filed with the Commission on August 22, 2011, and incorporated herein by reference.
(7) Filed as an exhibit to the Company’s Form 10-Q, filed with the Commission on November 14, 2011, and incorporated herein by reference.
(8) Filed as an exhibit to the Company’s Form 10-K, filed with the Commission on April 13, 2012, and incorporated herein by reference.
* Previously filed as exhibits to the Registrant’s Form 10-Q Quarterly Report for the quarter ended June 30, 2012, filed with the Commission on August 20, 2012.
** XBRL (Extensible Business Reporting Language) information is furnished and not filed or a part of a registration statement or prospectus for purposes of Sections 11 or 12 of the Securities Act of 1933, as amended, is deemed not filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and otherwise is not subject to liability under these sections.