Current Report Filing (8-k)
January 05 2018 - 5:27PM
Edgar (US Regulatory)
UNITED STATES
SECURITIES AND
EXCHANGE COMMISSION
Washington, D. C. 20549
______________
FORM 8-K
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 29, 2017
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Applied
Optoelectronics, Inc.
(Exact name of Registrant as specified
in its charter)
Delaware
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001-36083
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76-0533927
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(State of incorporation)
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(Commission File Number)
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(I.R.S. Employer Identification No.)
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13139 Jess Pirtle Blvd.
Sugar Land, TX 77478
(address of principal executive offices
and zip code)
(281) 295-1800
(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 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))
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 1.01 Entry into a Material Definitive
Agreement.
On
December 29, 2017, Global Technology, Inc. (“Global Technology”) a wholly owned Chinese subsidiary of Applied
Optoelectronics, Inc. (the “Company”) entered into a
long-term Lease Agreement (the
“Lease Agreement”) for real property with the People’s Republic of China in Zhejiang Province, Ningbo City,
Land Resources Bureau, as named in the Lease Agreement (the “Owner”), located at V-03-1 plot of Wangchun
Industrial Park, Ningbo (the “Site”), for a lease term of fifty (50) years (the “Term”). The Lease
Agreement provides that Global Technology may use the land for the design and manufacture of optical fiber and cable
communication equipment during the Term. The Company intends to build a facility on the Site for manufacturing capabilities.
The
Company is in the process of gathering information regarding the construction of the proposed facility and cannot yet
accurately predict the cost or when such facility will be completed. In connection with the Lease Agreement, Global
Technology has agreed to pay the Owner a lease fee of 32,583,200 RMB, equivalent to approximately $5 million USD, in the
aggregate. The Lease Agreement may be terminated prior to the end of the Term upon the occurrence of certain specified
events.
The foregoing summary does not purport to
be complete and is qualified in its entirety by reference to the Lease Agreement, a copy of which will be attached as an exhibit
to the Company’s Annual Report on Form 10-K for the period ending December 31, 2017.
Item 2.03.
Creation of a Direct
Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant.
The information set forth in Item 1.01 above is incorporated by
reference into this Item 2.03.
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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Applied Optoelectronics, Inc.
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By:
/s/ David C. Kuo
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David C. Kuo
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General Counsel and Vice President
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Date: January 5, 2018
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