UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 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 16, 2009
HearUSA, Inc.
(Exact Name of Registrant as Specified in Charter)
Delaware |
| 001-11655 |
| 22-2748248 |
(State or Other |
| (Commission |
| (I.R.S. Employer |
1250 Northpoint Parkway |
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West Palm Beach, Florida |
| 33407 |
(Address of Principal Executive Offices) |
| (Zip Code) |
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Registrant’s telephone number, including area code: | (561) 478-8770 |
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):
o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o 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 16, 2009, AARP notified HearUSA, Inc. (the “Company”) that AARP was extending the date for restructuring the royalty compensation provision of its License Agreement with the Company to February 23, 2009. The restructuring was contemplated by Amendment No. 1 to the AARP License Agreement, dated as of December 22, 2008 (the “Amendment”), disclosed by the Company on Form 8-K filed on December 23, 2008. Pursuant to the terms of the Amendment, the parties amended the License to eliminate the $7.6 million annual licensing payment provision of the agreement and agreed to negotiate a restructured royalty compensation by January 16, 2009 or such later date as decided by AARP.
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.
| HearUSA, Inc. (Registrant) | |
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Date: January 16, 2009 | By: | /s/ Stephen J. Hansbrough |
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| Name: Stephen J. Hansbrough |
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| Title: Chairman and |