UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, DC 20549
FORM 8-K/A
(Amendment No. 1)
CURRENT REPORT
Pursuant to Section 13 or 15(d) of
The Securities Exchange Act of 1934
Date of Report (Date of earliest event reported)
April 14, 2009
APPLIED SOLAR, INC.
(Exact name of registrant as specified in its charter)
Nevada | 000-50450 | 98-0370750 | ||
(State or other jurisdiction of incorporation) | (Commission File Number) | (IRS Employer Identification No.) |
3560 Dunhill Street
San Diego, California 92101
(Address of principal executive offices, including zip code)
(858) 909-4080
(Registrant’s telephone number, including area code)
N/A
(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)) |
Explanatory Note:
This Current Report on Form 8-K/A (Amendment No. 1) amends the Current Report on Form 8-K filed by Applied Solar, Inc. (the “Company”) on June 24, 2009 (the “Original Form 8-K”) in order to correct a typographical error that was included in the Original Form 8-K in response to comments received from the Staff of the Commission. The Original Form 8-K incorrectly indicated that the Company determined on April 14, 2008 that financial statements included in its Quarterly Report on Form 10-Q for the quarter ended November 30, 2008 should not be relied upon. The correct date of determination was April 14, 2009. The same typographical error appears in Item 5 of the Company’s Quarterly Report on Form 10-Q for the quarter ended February 28, 2009, filed with the Commission on April 20, 2009.
Item 4.02. Non-Reliance on Previously Issued Financial Statements or a Related Audit Report or Completed Interim Review.
For the avoidance of doubt, the Company’s previously-disclosed intention to file for reorganization and protection from creditors pursuant to Title 11 of the U.S. Bankruptcy Code has not changed.
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.
APPLIED SOLAR, INC. | |||
By: | /s/ Dalton W. Sprinkle | ||
Dalton W. Sprinkle General Counsel |
Date: July 1, 2009