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 21, 2009
BENDA PHARMACEUTICAL, INC.
(Exact name of registrant as specified in charter)
Delaware
(State or other Jurisdiction of Incorporation or Organization)
| 000-16397 | Taibei Mingju, 4th Floor, 6 Taibei Road, Wuhan, Hubei Province, 430015, PRC | 41-2185030 |
| (Commission File Number) | (Address of Principal Executive Offices and zip code) | (IRS Employer Identification No.) |
+86 (27) 85494916
(Registrant's telephone
number, including area code)
(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 registrant under any of the following provisions:
o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
| |
o Soliciting material pursuant to Rule 14a-12(b) under the Exchange Act (17 CFR 240.14a-12(b)) |
| |
o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
| |
o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) |
Item 8.01 Other Events.
On May 21, 2009, the Supreme Court of the State of New York, New York County granted the summary judgment motion in lieu of complaint filed by Excalibur Limited Partnership and Excalibur Limited Partnership II (the “Plaintiffs”) pursuant to CPLR § 3213 (the “Motion”) seeking collection of the Convertible Promissory Notes issued to the Plaintiffs in April 2007 in connection with a $7,560,000 private placement.
As a result, it is expected that shortly hereafter the Judgment Clerk will enter a judgment in favor of Plaintiff Excalibur Limited Partnership against Benda in the amount of $390,000, plus interest of $20,207.92 through December 31, 2008 with a default interest rate of 15% under the Note from January 1, 2009. Additionally, it is expected that the Judgment Clerk will enter a judgment in favor of Excalibur Limited Partnership II against Benda in the amount of $210,000, plus interest of $10,881.19 through December 31, 2008 with a default interest rate of 15% under the Second Note from January 1, 2009.
Item 9.01 Financial Statement and Exhibits.
SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this Report on Form 8-K to be signed on its behalf by the undersigned hereunto duly authorized.
| | | |
| | BENDA PHARMACEUTICAL, INC. |
| | | |
| Date: June 1, 2009 | By: | /s/ Yiqing Wan |
| | Yiqing Wan President |
