Attached files
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| EX-10.1 - SETTLEMENT AGREEMENT AND RELEASE - EVERGREEN ENERGY INC | exh10-1.htm |
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
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FORM 8-K
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CURRENT REPORT
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934
Date of Report (Date of Earliest Event Reported): August 24, 2011 (August 23, 2011)
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EVERGREEN ENERGY INC.
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(Exact name of Registrant as specified in its charter)
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Delaware
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001-14176
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84-1079971
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(State or other jurisdiction of
incorporation or organization)
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Commission File Number
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IRS Employer
Identification Number
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1225 17th Street, Suite 1300
Denver, Colorado
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80202
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(Address of principal executive offices)
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(Zip Code)
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(303) 293-2992
(Registrant’s telephone number, including area code)
(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))
Item 8.01. Other Events
Settlement of Cook & Bitoni Litigation
The Company has entered into a Settlement Agreement and Release effective August 23, 2011 (“Settlement Agreement”) to settle the matter of Vincent Cook and James V. Bitonti v. C-Lock Technology, Inc., Evergreen Energy Inc., Thomas H. Stoner, Robert S. Kaplan, M. Richard Smith and Manual H. Johnson, Case No. 10CV2417 (District Court for the City and County of Denver, Colorado). According to the Settlement Agreement, the Company has agreed to pay $2,000,000 in full satisfaction of the claims asserted by Cook and Bitonti. The settlement amount will be paid $500,000 on the effective date, followed by eight weekly installments of $187,500, commencing August 29, 2011. The court has signed an order to vacate its findings and dismiss the matter with prejudice upon payment in full of the settlement amount.
As described in the Company’s most recent 10-Q, the Company has filed suit against its directors and officers insurance carrier in United States District Court for the District of Colorado, Case No. 1:11CV01700, in an attempt to secure coverage related to the Cook and Bitonti litigation.
Section 9. Financial Statements and Exhibits
Item 9.01. Financial Statements and Exhibits
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(d) Exhibits
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Exhibit
Number
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Exhibit Title or Description
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10.1
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Settlement Agreement and Release*
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* Filed herewith
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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.
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Evergreen Energy Inc.
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Date: August 24, 2011
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By: /s/ Diana L. Kubik
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Diana L. Kubik
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Executive Vice President and Chief Financial Officer
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