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): May 19, 2021
SYSOREX, INC.
(Exact name of registrant as specified in its charter)
| Nevada | | 000-55924 | | 68-0319458 |
(State or other jurisdiction
of incorporation) | | (Commission File Number) | | (I.R.S. Employer
Identification No.) |
13880 Dulles Corner Lane
Suite 175
Herndon, Virginia | | 20171 |
| (Address of principal executive offices) | | (Zip Code) |
Registrant’s telephone number, including area code: 800-929-3871
N/A
(Former name or former address, if changed since last report)
Check the appropriate box below if the Form 8-K 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 (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)) |
Securities registered pursuant to Section 12(b) of the Act:
| Title of Each Class | | Trading Symbol | | Name of Each Exchange on Which Registered |
| N/A | | N/A | | N/A |
Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).
Emerging growth company ☒
If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ☐
| Item 7.01 | Regulation FD Disclosure. |
As previously disclosed in the Quarterly Report of Sysorex, Inc. (the “Company”) on Form 10-Q/A filed with the Securities and Exchange Commission on May 18, 2021, VMS Software, Inc. (“VMS”) filed suit against the Company in the United States District Court for the District of Massachusetts Eastern Division (the “Court”), Case # # 1:20-CV-11895-WGY on October 20, 2020. Subsequently, on April 6, 2021, the Company entered a definitive settlement agreement (the “Settlement”) with VMS, and as of May 17, 2021, $384,932 was paid by the Company, in full satisfaction of the Company’s obligations under the Settlement.
On May 19, 2021, the stipulation of dismissal was filed with the Court by VMS dismissing the aforementioned action with prejudice and the fully executed agreement for judgment was destroyed by VMS pursuant to paragraph 6 of the Settlement.
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 hereunto duly authorized.
| Date: May 24, 2021 | SYSOREX, INC. |
| | | |
| | By: | /s/ Wayne Wasserberg |
| | Name: | Wayne Wasserberg |
| | Title: | Chief Executive Officer |
