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) NOVEMBER 10, 2004
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KSW, INC.
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(Exact Name of Registrant as Specified in Its Charter)
DELAWARE
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(State or Other Jurisdiction of Incorporation)
0-27290 11-3191686
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(Commission File Number) (IRS Employer Identification No.)
37-16 23RD STREET
LONG ISLAND CITY, NEW YORK 11101
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(Address of Principal Executive Offices) (Zip Code)
(718) 361-6500
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(Registrant's Telephone Number, Including Area Code)
NOT APPLICABLE
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(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 8, 2004, KSW, Inc. (the "Company"), KSW Mechanical
Services, Inc., a wholly-owned subsidiary of the Company ("Mechanical") and
Floyd Warkol, the Chairman and Chief Executive Officer of the Company
("Warkol"), entered into the Amendatory Employment Agreement (the "Amendment"),
which amended the Employment Agreement, dated as of April 1, 2004, by and among
the Company, Mechanical and Warkol (the "Employment Agreement"). The Employment
Agreement was filed as Exhibit 10.1 to the Company's quarterly report on Form
10-Q, filed with the Securities and Exchange Commission on November 15, 2004.
Under the terms of the Amendment, the Employment Agreement has been
amended to change the date on which Warkol will commence working four days a
week to October 1, 2004.
The Amendment is filed herewith as Exhibit 10.1 and is incorporated
by reference herein.
ITEM 9.01. FINANCIAL STATEMENTS AND EXHIBITS
(c) Exhibits.
10.1 Amendatory Employment Agreement, dated November 10, 2004,
by and between the Company, Mechanical and Warkol.
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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.
KSW, INC.
By: /s/ Richard Lucas
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Name: Richard Lucas
Title: Chief Executive Financial
Date: November 16, 2004
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EXHIBIT INDEX
EXHIBIT NO. DESCRIPTION
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10.1 Amendatory Employment Agreement, dated November 10, 2004,
by and between the Company, Mechanical and Warkol
4