future8ka.htm
UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
Washington,
D.C. 20549
FORM
8-K/A
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 1, 2009
FUTUREFUEL
CORP.
(Exact
Name of Registrant as Specified in Its Charter)
Delaware
(State or
Other Jurisdiction of Incorporation)
|
0-52577
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20-3340900
|
|
(Commission
File Number)
|
(IRS
Employer Identification No.)
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8235
Forsyth Blvd., Suite 400
St.
Louis, Missouri 63105
(Address
of Principal Executive Offices)
(314)
854-8520
(Registrant’s
Telephone Number)
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:
|
£
|
Written
communications pursuant to Rule 425 under the Securities
Act
|
|
£
|
Soliciting
material pursuant to Rule 14a-12 under the Exchange
Act
|
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£
|
Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange
Act
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£
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Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange
Act
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EXPLANATORY
NOTE
This
Amendment No. 1 on Form 8-K/A (this “Amendment”) to the Report on Form 8-K of
FutureFuel Corp. filed on December 1, 2009 (the “Original Filing”) is filed to
correct certain information disclosed in the Original Filing. This Amendment is
limited in scope to those items and should be read in conjunction with the
Original Filing.
Item
8.01 – Other Events
On
December 1, 2009, FutureFuel Corp. (OTC: FTFL) (the “Company”) announced that
its board of directors had declared a special cash dividend of $0.30 per share
on the Company’s common stock with a record date of December 1, 2009 and a
payment date of December 22, 2009.
On
December 2, 2009, the Company announced that it would amend and correct
the record date of the special dividend to December 14, 2009 and
similarly amend and correct the dividend payment date to December 28,
2009.
On
December 3, 2009, the Company announced that its previously announced revision
of the record date for the dividend could not be implemented because of market
timing. The record date for the upcoming special dividend will remain at the
originally announced record date of December 1, 2009.
The
Company was advised on December 3, 2009 by the Financial Industry Regulatory
Authority (“FINRA”) that the Company’s request to revise its record date for the
upcoming dividend from December 1, 2009 to December 14, 2009 could not be
accommodated by FINRA because it already had established the ex-dividend date
for trading in the Company’s common stock. Because of this ruling from FINRA,
the record date for the dividend reverts to December 1, 2009.
The
original announcement of the special dividend specified a December 22, 2009
payment date. As announced on December 2, 2009, the amended payment date for the
dividend is now December 28, 2009.
Only
those holders of the Company’s warrants or options who properly exercised their
warrants or options on or before December 1, 2009 will be considered
holders of record on such date, whether or not new stock certificates were
issued to such holders by that date.
The
dividend remains at $0.30 per share of common stock.
The
Company issued separate press releases on December 2, 2009 and December 3, 2009
and the press releases are furnished as Exhibit 99.1 and 99.2 to this
Amendment. Neither such Exhibit shall be deemed "filed" for the
purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and
will not be incorporated by reference into any registration statement filed
under the Securities Act of 1933, as amended, unless specifically identified
therein as being incorporated therein by reference.
Item
9.01. Financial Statements and Exhibits
None
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(b)
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Pro
forma financial information
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None
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(c)
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Shell
company transactions
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None
Copies of
press releases are included as Exhibits 99.1 and 99.2.
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.
FUTUREFUEL
CORP.
By: /s/ Douglas D.
Hommert
Douglas D. Hommert, Executive Vice
President,
Secretary and Treasurer
Date:
December 3, 2009
Exhibit
Index
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Exhibit No.
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Description
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| |
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99.1
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Press
Release of FutureFuel Corp. dated December 2, 2009
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|
99.2
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Press
Release of FutureFuel Corp. dated December 3,
2009
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