EFFECTIVE AUGUST 23RD, 2004 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 eventreported) November 2, 2004 (Exact name of registrant as specified in its charter) Daybreak Mines, Inc. - -------------------------------------------------------------------------------- (State or other jurisdiction (Commission (I.R.S. Employer of incorporation) File Number) Identification No.) Washington 000-50107 91-0626366 - -------------------------------------------------------------------------------- (Address of principal PO Box 370 805 Mullan Ave Osburn, ID 83849 executive offices) Registrant's telephone number, including area code (208) 556-1139 x2 - -------------------------------------------------------------------------------- (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)) Item 1.01 Entry into a Material Definitive Agreement On November 2, 2004 Daybreak Mines issued a press release announcing the signing of an agreement whereby Crosspoint Holdings, Inc. has the right to purchase 3,000,000 shares of Daybreak Series A non-voting convertible preferred shares of stock for $3,000,000. A copy of this press release is included as exhibit 99.1 to this current report Form 8-K and is incorporated herein by reference. Item 9.01 Financial Statements and Exhibits The following exhibit is furnished with this report: Exhibit No. Description - ----------- ----------- 99.1 Press Release dated November 2, 2004 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. Daybreak Mines, Inc. -------------------- (Registrant) Date November 4, 2004 /s/ Thomas C. Kilbourne ----------------------- Secretary / Treasurer