Attached files
| file | filename |
|---|---|
| EX-10.1 - NEAH POWER SYSTEMS, INC. | v204639_ex10-1.htm |
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
Date of
Report (Date of Earliest Event Reported): November 30, 2010
Neah
Power Systems, Inc.
(Exact
Name of Registrant as Specified in Charter)
|
Nevada
|
000-49962
|
88-0418806
|
|
(State
or Other Jurisdiction
of
Incorporation)
|
(Commission
File Number)
|
(IRS
Employer
Identification
No.)
|
|
22118
20th
Avenue SE, Suite 142
Bothell,
Washington
|
98021
|
|
(Address
of Principal Executive Offices)
|
(Zip
Code)
|
Registrant’s
Telephone Number, Including Area Code: (425) 424-3324
(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):
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))
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Item
1.01 Entry
Into a Material Definitive Agreement.
On
November 30, 2010, Neah Power Systems, Inc. entered into indemnification
agreements (the “Indemnification Agreements”) with Jeffrey B. Sakaguchi, our
chairman of the board, Dr. Gerard C. D’Couto, a director and our chief executive
officer, Jon M. Garfield, a director, Michael Selsman, a director, David J.
Schmidt II, a director, and Stephen M. Wilson, our chief financial
officer. Our board of directors may authorize the entry into
Indemnification Agreements when directors or certain officers join our company
in the future.
The
Indemnification Agreements provide that we will indemnify the Company’s
directors and officers to the fullest extent permitted by Nevada law. The
Indemnification Agreements generally provide for indemnification against all
expenses and liabilities actually and reasonably incurred by the director or
officer or on his or her behalf in connection with the investigation, defense,
settlement or appeal of a proceeding. Certain proceedings are
excluded from the Indemnification Agreements including proceedings for recovery
of short swing profits under Section 16(b) of the Securities Exchange Act of
1934, as amended, any proceeding by or on behalf of the director or officer or
to the extent that an director or officer is reimbursed pursuant to an insurance
policy for expenses that would otherwise be subject to
indemnification. The Indemnification Agreements also provide that the
Company is obligated to maintain directors’ and officers’ insurance for so long
as the director or officer is subject to any possible
proceedings. The Indemnification Agreements provides for the
advancement of expenses incurred in connection with any proceeding covered by
the Indemnification Agreement.
The
indemnification provided under the Indemnification Agreements is in addition to
other rights to indemnification to which the director or officer may have an
entitlement, such as the indemnification provisions in Article IX of our
bylaws.
The above
description of the Indemnification Agreements does not purport to be complete
and is qualified in its entirety by reference to the form of Indemnification
Agreement, which is filed as exhibit 10.1 to this current report on Form
8-K.
Item
9.01 Financial
Statements and Exhibits.
(c)
Exhibits.
|
Exhibit
Number
|
Description
of Exhibit
|
|
|
10.1
|
Form
of Indemnification Agreement
|
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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 on its behalf by the
undersigned hereunto duly authorized.
| Neah Power Systems, Inc. | |||
|
|
By:
|
/s/ Stephen M. Wilson | |
|
Stephen
M. Wilson
|
|||
| Chief Financial Officer | |||
Date: December
3, 2010
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