UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, DC 20549
 
FORM 8-K
 
CURRENT REPORT
 
PURSUANT TO SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934
 
May 1, 2020
Date of report (date of earliest event reported)
 
MusclePharm Corporation
(Exact name of registrant as specified in its charter)

Nevada
 
000-53166
 
77-0664193
(State or other jurisdictions of incorporation or organization)
 
(Commission File Number)
 
(I.R.S. Employer Identification No.)
 
4400 Vanowen Street, Burbank, CA 91505
 (Address of principal executive offices) (Zip Code)
 
(800) 292-3909
 (Registrant’s telephone number, including area code)
  
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrants 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))
 
Securities registered pursuant to Section 12(b) of the Act:
 
Title of each class
Trading Symbol(s)
Name of each exchange on which registered
N/A
 
 
 
Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).
 
Emerging growth company  
    
If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act.  
  

 
 
 
Item 5.02    Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers.
 
Resignation of Officer and Director
 
Upon the approval of the Board of Directors of MusclePharm Corporation (the “Company”), on May 1, 2020, Brian Casutto, Executive Vice President, Sales and Marketing, and a Director of the Company, resigned from all of his current roles with the Company, effective immediately. Mr. Casutto’s resignation did not result from any disagreement with the Company regarding any matter related to the Company’s operations, policies or practices. In connection with Mr. Casutto’s resignation from the Company, the Company and Mr. Casutto entered into a Separation and Release Agreement (the “Agreement”), dated May 1, 2020.
 
The Agreement provides that the Company will pay Mr. Casutto an aggregate of $100,000, the equivalence of three months base salary, with payments of $16,666.66 made every two weeks, beginning on May 15, 2020 and ending on July 17, 2020. The Agreement includes standard provisions contained in agreements of this nature including, mutual non-disparagement and a general release of any and all claims.
 
Item 9.01    Financial Statements and Exhibits.
 
(d) Exhibits
 
Exhibit No.
Description
Separation and Release Agreement, dated May 1, 2020 between the Company and Brian Casutto
 
 
 
 
 
 
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.
 
 
 
MUSCLEPHARM CORPORATION
 
 
 
 
By:
/s/ Ryan Drexler
 
 
 
Name: Ryan DrexlerTitle: Chief Executive Officer
 
Date: May 7, 2020
 
 
 
 
 
 
3