Attached files

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EX-3 - EXHIBIT 3.1 - DETERMINE, INC.sltc20130603_8kaex3-1.htm
EX-10 - EXHIBIT 10.4 - DETERMINE, INC.sltc20130603_8kaex10-4.htm
EX-10 - EXHIBIT 10.1 - DETERMINE, INC.sltc20130603_8kaex10-1.htm
EX-10 - EXHIBIT 10.5 - DETERMINE, INC.sltc20130603_8kaex10-5.htm
EX-10 - EXHIBIT 10.3 - DETERMINE, INC.sltc20130603_8kaex10-3.htm
EX-10 - EXHIBIT 10.6 - DETERMINE, INC.sltc20130603_8kaex10-6.htm
EX-10 - EXHIBIT 10.2 - DETERMINE, INC.sltc20130603_8kaex10-2.htm

 

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): May 31, 2013

 

 

SELECTICA, INC. 

(Exact name of Company as specified in Charter)

 

 

Delaware
(State or other jurisdiction of
incorporation or organization)
 

 

000-29637
(Commission File No.)
 

 

77-0432030
(IRS Employee Identification No.)

 

2121 South El Camino Real

San Mateo, California 94403

(Address of Principal Executive Offices)

 

(650) 532-1500
(Issuer Telephone number)

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the Company under any of the following provisions (see General Instruction A.2 below).

 

 

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 CFR240.14a-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 240.13(e)-4(c))

 

 
 

 

 

Explanatory Note

 

This Amendment No. 1 on Form 8-K/A (the “Amendment”) is being filed as an amendment to the Current Report on Form 8-K filed by Selectica, Inc. (the “Company”) with the Securities and Exchange Commission on June 3, 2013 (the “Original 8-K”). The sole purpose of this Amendment is to file Exhibits 3.1, 10.1, 10.2, 10.3, 10.4, 10.5 and 10.6 to the Original 8-K. No other changes have been made to the Original 8-K.

 

Item 9.01

Financial Statements and Exhibits.

 

(d)

Exhibits

 

Exhibit

No.

 

Description

3.1

 

Certificate of Designations, Preferences and Rights of Series C Convertible Preferred Stock.

     

10.1

 

Form of Purchase Agreement, dated as of May 31, 2013.

     

10.2

 

Form of Subscription Agreement, dated as of May 31, 2013.

     

10.3

 

Form of Registration Rights Agreement, dated as of May 31, 2013.

     

10.4

 

Form of Series A Warrant to Purchase Common Stock, dated as of May 31, 2013.

     

10.5

 

Form of Series B Warrant to Purchase Common Stock.

     

10.6

 

Forms of Voting Agreement, dated as of May 31, 2013.

 

 
 

 

 

SIGNATURES

 

Pursuant to the requirements of the Securities Exchange Act of 1934, the Company has duly caused this Current Report to be signed on its behalf by the undersigned hereunto duly authorized.

 

Dated: June 3, 2013

 

  SELECTICA, INC.  
       
        
  By: /s/ Todd Spartz  
  Name: Todd Spartz  
  Title:   Chief Financial Officer  

 

 
 

 

 

EXHIBIT INDEX

 

Exhibit

No.

 

Description

3.1

 

Certificate of Designations, Preferences and Rights of Series C Convertible Preferred Stock.

     

10.1

 

Form of Purchase Agreement, dated as of May 31, 2013.

     

10.2

 

Form of Subscription Agreement, dated as of May 31, 2013.

     

10.3

 

Form of Registration Rights Agreement, dated as of May 31, 2013.

     

10.4

 

Form of Series A Warrant to Purchase Common Stock, dated as of May 31, 2013.

     

10.5

 

Form of Series B Warrant to Purchase Common Stock.

     

10.6

 

Forms of Voting Agreement, dated as of May 31, 2013.