UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
WASHINGTON,
D.C. 20549
FORM
8-K/A
(Amendment
No. 1)
CURRENT
REPORT
Pursuant
to Section 13 or 15(d) of the
Securities
Exchange Act of 1934
Date of
Report (Date of earliest event reported): December 18, 2009 (December 14,
2009)
SPONGETECH DELIVERY
SYSTEMS, INC.
(Exact
name of registrant as specified in its charter)
Delaware
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333-100925
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54-2077231
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||
(State
or other jurisdiction
of
incorporation)
|
(Commission
File Number)
|
(IRS
Employer
Identification
No.)
|
10
West 33rd Street,
Suite 518
New
York, New York 10001
(Address
of principal executive offices and Zip Code)
Registrant's
telephone number, including area code: (212)
695-7850
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:
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
December 15, 2009, SpongeTech Delivery Systems, Inc. (“SpongeTech”) filed a
Current Report on Form 8-K (the “Original 8-K”) reporting its entry into a
Settlement Agreement and Release with Sponge Tech, Inc. (“STI”), Spongeables LLC
(“Spongeables”) and Michael Popovsky. The Original 8-K incorrectly
stated that Michael Popovsky is an officer of STI and
Spongeables. This Amendment to the Original 8-K is being filed to
clarify that Mr. Popovsky is an officer of Spongeables only, not
STI.
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.
SpongeTech
Delivery Systems, Inc.
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Date:
December 18, 2009
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By:
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/s/ Michael L. Metter
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Michael
L. Metter
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Chief
Executive Officer
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