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
September 21, 2021
Date of Report (Date of earliest event reported)
LIGHTPATH TECHNOLOGIES, INC.
(Exact name of registrant as specified in its charter)
Delaware
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000-27548
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86-0708398
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(State or other jurisdiction of incorporation or
organization)
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(Commission File Number)
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(I.R.S. Employer Identification Number)
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2603 Challenger Tech Court, Suite 100
Orlando, Florida 32826
(Address of principal executive office, including zip
code)
(407) 382-4003
(Registrant’s telephone number, including area
code)
Securities registered pursuant to Section 12(b) of the
Act:
Title of each class
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Trading Symbol(s)
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Name of each exchange on which registered
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Class A Common Stock, par value $0.01
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LPTH
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The Nasdaq Stock Market, LLC
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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))
Indicate
by check mark whether the registrant is an emerging growth company
as defined in Rule 405 of the Securities Act of 1933 (17 CFR
§230.405) or Rule 12b-2 of
the Securities Exchange Act of 1934 (17 CFR §240.12b-2 of this
chapter).
Emerging
growth company ☐
If an
emerging growth company, indicate by check mark if the registrant
has elected not to use the extended transition period for complying
with any new or revised financial accounting standards providing
pursuant to Section 13(a) of the Exchange Act. ☐
LightPath
Technologies, Inc.
Form
8-K
Item 1.01 Entry Into a Material Definitive Agreement
On
September 21, 2021, LightPath Technologies, Inc. (the
“Company”) and Challenger-Discovery, LLC (the
“Landlord”) entered into a Ninth Amendment to Lease
(the “Lease Amendment”), effective September 21, 2021,
related to the Company’s headquarters and manufacturing
facility located at 2603 Challenger Tech Court, Orlando, Florida
32826. The Lease Amendment materially amends certain terms of the
original Lease dated January 25, 2001, as amended by the First
Amendment to Lease dated August 10, 2001, the Second Amendment to
Lease dated April 20, 2004, the Third Amendment to Lease dated
December 1, 2007, the Fourth Amendment to Lease dated April 30,
2009, the Fifth Amendment to Lease dated April 24, 2012, the Sixth
Amendment to Lease dated July 2, 2014, the Seventh Amendment to
Lease dated January 31, 2015, and the Eighth Amendment to Lease
dated April 30, 2021 (collectively, the “Lease”)
between the Company and the Landlord, including the
following:
●
Release the area
commonly known as Suite 130 and add the area commonly known as
Suite 110, thereby increasing the rentable area of the leased
premises from 52,184 square feet to 58,531 square feet upon the
Company’s completion of certain work to Suites 110 and
130.
●
Commencing on the
“swap date,” which will occur on the tenth
(10th) day
after the date the Company completes work at Suites 110 and 130,
minimum rent for the area commonly known as Suite 110 of $13,262.42
will be due monthly, prorated for any partial month. Upon the
Landlord’s completion of certain work to be done, the monthly
minimum rent for the entire 58,531 square feet premises will be as
set forth in the Lease Amendment. The Company’s proportionate
share of the operating expenses for the Suite 110 premises also
will increase. Also commencing on the “swap date,”
Suite 130 will be released and minimum rent for this space shall no
longer be due and payable by the Company.
●
All other terms
defined in the Eighth Amendment to Lease remain the
same.
The
release and addition of suites will allow improvements to the
layout of the previously announced facility expansion, which
includes the consolidation of the 12,378 square feet currently
leased at 12501 Research Parkway, which lease expires November 30,
2022 and will not be renewed.
The
foregoing description of the terms of the Lease Amendment does not
purport to be complete and is qualified in its entirety by
reference to the full text of the Lease Amendment, a copy of which
is attached hereto as Exhibit 10.1.
Item 9.01. Financial Statements and Exhibits.
(d) Exhibits
Exhibit No.
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Description
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Ninth Amendment to Lease dated as of September 21, 2021, between
LightPath Technologies, Inc. and Challenger Discovery
LLC
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SIGNATURES
Pursuant
to the requirements of the Securities Exchange Act of 1934, as
amended, the registrant has duly caused this Report to be signed in
its behalf by the undersigned, thereunto duly
authorized.
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LIGHTPATH TECHNOLOGIES, INC.
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Dated: September 27, 2021
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By:
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/s/ Albert Miranda
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Albert Miranda
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Chief Financial Officer |
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