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): February 8, 2005 AFP Imaging Corporation (Exact name of registrant as specified in its charter) New York 0-10832 13-2956272 (State or other jurisdiction (Commission (IRS Employer of incorporation) File Number) Identification No.) 250 Clearbrook Road Elmsford, New York 10523 (Address of principal executive offices) (Zip Code) Registrant's telephone number, including area code: (914) 592-6100 Not Applicable (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: |_| 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)) 1 Item 1.01. Entry into a Material Definitive Agreement On February 8, 2005, the Company finalized an Agreement to settle its outstanding environmental lawsuit relating to contamination of a portion of property owned in New Jersey from August 1984 to June 1985. The Company had owned and operated a graphic arts camera manufacturing facility at this location. The Company sold the property in June 1985 and terminated this operation ("Kenro Corporation") in 1986. Kenro Corporation was unrelated to the Company's current medical imaging product line. The Settlement Agreement includes a Release and Indemnification, as well as a Stipulation of Dismissal with Prejudice. The terms of this Settlement require a payment of $650,000 to the current owners of the property; which the Company and their insurance carrier will share equally. Item 9.01 Financial Statements and Exhibits. Listed below are all exhibits to this Current Report on Form 8-K. Exhibit Number Description - ------ ----------- 10.1 Settlement Agreement (with Release and Indemnification) 2 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. Dated: February 14, 2005 AFP Imaging Corporation By: /s/ Elise Nissen ------------------------------------- Elise Nissen, Chief Financial Officer 3 AFP Imaging Corporation Form 8-K (Date of Report: February 8, 2005) Exhibit Index Exhibit Number Description - --------- ----------- 10.1 Settlement Agreement 4