Current Report Filing (8-k)
February 12 2016 - 5:30PM
Edgar (US Regulatory)
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or Section 15(d)
of the Securities Exchange Act of 1934
Date of Report (Date of earliest event reported):
February 3, 2016
MusclePharm
Corporation
(Exact name of registrant as specified in
its charter)
Nevada |
|
000-53166 |
|
77-0664193 |
(State or other jurisdiction
of incorporation) |
|
(Commission
File Number) |
|
(IRS Employer
Identification No.) |
4721 Ironton Street,
Building A
Denver,
Colorado 80239 |
|
80239 |
(Address of principal executive offices) |
|
(Zip Code) |
Registrant’s telephone number, including area code: (303)
396-6100
Not Applicable
(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 to the registrant under any of the following provisions:
| ¨ | 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 CFR 240.14a-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 240.13e-4(c)) |
As
previously disclosed on January 6, 2016 in a Current Report on Form 8-K filed by MusclePharm Corporation (the “Company”),
on December 30, 2015, the Company accepted notice by Mr. Richard Estalella (“Estalella”) to terminate his
employment as the Company’s President. Although Estalella
sought to terminate his employment with the Company for “Good Reason,” as defined in Estalella’s employment agreement
with the Company (the “Employment Agreement”), the Company advised Estalella that it deemed his resignation to be without
Good Reason. Despite his resignation, Estalella remains a member of the Company’s
board of directors.
On
February 3, 2016, Estalella filed a complaint in Colorado state court against the
Company and Ryan Drexler, the Company’s executive chairman, alleging, among other things, that the Company breached the Employment
Agreement, and seeking certain equitable relief and unspecified damages. As of the date of this report, the complaint has
not yet been served.
The
Company believes that Estalella’s claims are without merit and intends to vigorously
defend itself.
SIGNATURES
Pursuant to the requirements
of the Securities Exchange Act of 1934, the registrant has caused this report to be signed on its behalf by the undersigned hereunto
duly authorized.
February 12, 2016 |
MUSCLEPHARM CORPORATION |
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|
|
|
|
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By: |
/s/ Brad J. Pyatt |
|
|
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Name: Brad J. Pyatt |
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Title: Chief Executive Officer |
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