Item 1.01. Entry into a Material Definitive Agreement
Item 9.01. Financial Statements and Exhibits
Item 1.01. Entry into a Material Definitive Agreement
On November 2, 2006, Christie/AIX, Inc. (“Christie/AIX”), an indirect wholly-owned subsidiary of Access Integrated Technologies, Inc. (the “AccessIT”), entered into a letter agreement (the “Second Letter Agreement”) with Christie Digital Systems USA, Inc. (“Christie”) further amending a certain Amended and Restated Supply Agreement, dated September 30, 2005, by and between Christie/AIX and Christie (the “Amended Supply Agreement”), as amended by the letter agreement dated as of February 21, 2006 between Christie/AIX and Christie (the “First Letter Agreement”, and together with the Amended Supply Agreement, the “Supply Agreement”).
The Second Letter Agreement and the Supply Agreement relate to, and detail certain terms of, the Digital Cinema Framework Agreement, dated June 15, 2005, between AccessIT, Access Digital Media, Inc. (“ADM”), a wholly-owned subsidiary of AccessIT and parent of Christie/AIX, Christie/AIX and Christie, as amended (the “Framework Agreement”). In partial satisfaction of the terms of the Framework Agreement, Christie/AIX and Christie entered into the Supply Agreement.
Pursuant to the Supply Agreement, Christie/AIX agreed to purchase 2,500 digital cinema systems (the “Systems”), and up to 4000 Systems, from Christie. The First Letter Agreement amended the Agreement to revise certain terms relating to pricing of the Systems and the Second Letter Agreement further amended the terms relating to pricing of the Systems.
The foregoing descriptions of the Agreement, the First Letter Agreement and the Second Letter Agreement do not purport to be complete and are qualified in their entirety by reference to such agreements, which are filed herewith as Exhibit 10.1, Exhibit 10.2, and Exhibit 10.3, respectively.
Item 9.01. Financial Statements and Exhibits.
(c) Exhibits.
| 10.1 | Amended and Restated Digital System Supply Agreement, dated September 30, 2005, by and between Christie Digital Systems USA, Inc. and Christie/AIX, Inc. |
| 10.2 | Letter Agreement amending the Amended and Restated Digital System Supply Agreement, dated as of February 21, 2006, by and between Christie Digital Systems USA, Inc. and Christie/AIX, Inc. |
| 10.3 | Letter Agreement amending the Amended and Restated Digital System Supply Agreement, entered into on November 2, 2006, by and between Christie Digital Systems USA, Inc. and Christie/AIX, Inc. |
SIGNATURE
Pursuant to the requirements of Section 13 or 15 (d) of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned, thereto duly authorized.
Dated as of November 8, 2006
| | By: /s/ Gary S. Loffredo Name: Gary S. Loffredo Title: Senior Vice President — Business Affairs, General Counsel and Secretary |
EXHIBIT INDEX
| 10.1 | Amended and Restated Digital System Supply Agreement, dated September 30, 2005, by and between Christie Digital Systems USA, Inc. and Christie/AIX, Inc. |
| 10.2 | Letter Agreement amending the Amended and Restated Digital System Supply Agreement, dated as of February 21, 2006, by and between Christie Digital Systems USA, Inc. and Christie/AIX, Inc. |
| 10.3 | Letter Agreement amending the Amended and Restated Digital System Supply Agreement, entered into on November 2, 2006, by and between Christie Digital Systems USA, Inc. and Christie/AIX, Inc. |