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): January 24, 2008
DELTA PETROLEUM CORPORATION
(Exact name of registrant as specified in its charter)
| | | | | |
| DELAWARE | | 0-16203 | | 84-1060803 |
(State or other jurisdiction of
incorporation or organization) | | (Commission
File Number) | | (I.R.S. Employer
Identification Number) |
370 17thStreet
Suite 4300
Denver, Colorado 80202
Registrant’s telephone number, including area code:(303) 293-9133
No Change
(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:
| | o | | Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
| |
| | þ | | Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
| |
| | 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 1.01 Entry into a Material Definitive Agreement.
On January 24, 2008, Delta Petroleum Corporation (“Delta”) entered into a Side Letter Agreement (the “Amendment”) with Tracinda Corporation (“Tracinda”) amending the Company Stock Purchase Agreement (the “Agreement”) entered into by Delta and Tracinda on December 29, 2007. Pursuant to the Amendment, Delta and Tracinda agreed to extend the due diligence period set forth in the Agreement from January 27, 2008 to February 11, 2008. A copy of the Amendment is attached hereto as Exhibit 1.1.
On January 24, 2008, Delta issued a press release announcing that it entered into the Amendment. A copy of the press release is attached as Exhibit 99.1 to this report and is incorporated herein by reference.
Item 9.01 Financial Statements and Exhibits.
(d) Exhibits.
| | | | | |
| Exhibit | | |
| No. | | Description |
| | 1.1 | | | Side Letter Agreement, dated January 24, 2008 |
| | | | | |
| | 99.1 | | | Delta Petroleum Corporation Press Release, dated January 24, 2008 |
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: January 24, 2008
| | | | | |
| | Delta Petroleum Corporation
| |
| | By: | /s/ Stanley F. Freedman | |
| | | Stanley F. Freedman | |
| | | Executive Vice President and Secretary | |
| |
EXHIBIT INDEX
| | | | | |
| Exhibit | | |
| No. | | Description |
| | 1.1 | | | Side Letter Agreement, dated January 24, 2008 |
| | | | | |
| | 99.1 | | | Delta Petroleum Corporation Press Release, dated January 24, 2008 |
