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
 
333-100925
 
54-2077231
(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. 
 
       
Date: December 18, 2009     
By:
/s/ Michael L. Metter
 
   
Michael L. Metter
 
   
Chief Executive Officer