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

Date of report (Date of earliest event reported): June 6, 2014

 

 

MANITEX INTERNATIONAL, INC.

(Exact Name of Registrant as Specified in Charter)

 

 

 

Michigan   001-32401   42-1628978

(State or Other Jurisdiction

of Incorporation)

 

(Commission

File Number)

 

(IRS Employer

Identification No.)

9725 Industrial Drive, Bridgeview, Illinois 60455

(Address of Principal Executive Offices) (Zip Code)

(708) 430-7500

(Registrant’s Telephone Number, Including Area Code)

(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 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))

 

 

 

Item 1.01. Entry into a Material Definitive Agreement.

Lease Agreement

On May 28, 2010, the Company filed an 8-K in which it announced that the Company entered into a lease agreement (the “Lease”) with KB Building, LLC, an entity controlled by Mr. David J. Langevin, the Company’s Chairman and CEO. Under the terms of the Lease, the Company leases land and building located at 9725 South Industrial Drive, Bridgeview, Illinois 60455. The Lease had an initial six year term and provides for six one year extension periods. Due to the related-party aspect of transaction, the transaction and the original lease agreement were approved by the Audit Committee of the Company’s Board of Directors.

On June 6, 2014, the Lease was amended to lengthen the initial lease term from six years to 10 years and to modify the Lease so that the six one year extension periods begin after ten years instead of six years. Due to the related-party aspect of this transaction, the Lease Amendment was approved by the Audit Committee of the Company’s Board of Directors.

The description of the Lease Amendment set forth herein does not purport to be complete and is qualified in its entirety by reference to the full text of the Lease Amendment as attached as Exhibit 10.1 to this Current Report on Form 8-K and incorporated herein by this reference.

 

Item 2.03. Creation of a Direct Financial Obligation or an Obligation under an Off- Balance Sheet Arrangement of a Registrant.

The information included in Item 1.01 of this Current Report on Form 8-K regarding the Lease Agreement is incorporated by reference into this Item 2.03.

 

Item 9.01. Financial Statements and Exhibits.

(a) Financial Statements of Businesses Acquired.

Not applicable.

(b) Pro Forma Financial Information.

Not applicable.

(c) Shell Company Transactions.

Not applicable.

(d) Exhibits.

See the Exhibit Index set forth below for a list of exhibits included with this Current Report on Form 8-K.

SIGNATURE

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

 

MANITEX INTERNATIONAL, INC.

By:

  / S / D AVID H. G RANSEE

Name:

  David H. Gransee

Title:

  Vice President and CFO

Date: June 6, 2014

EXHIBIT INDEX

 

Exhibit

Number

  

Description

10.2    Lease Amendment, dated June 6, 2014 between Manitex International, Inc. and KB Building, LLC.

Exhibit 10.2

Lease Amendment

This lease amendment dated the 6 day of June, 2014, amends that certain lease entered into May 26 th , 2010 by and between Manitex International, Inc (‘Tenant”) and KB Building LLC. (“Landlord”).

WHEREAS Tenant wishes to extend the term of the Lease and Landlord is willing to do so,

NOW THEREFORE landlord and Tenant agree as follows:

1. Paragraph 2.01 is hereby amended to read:

The term of this Lease (the “Term”) shall commence May 26, 2010 on the date hereof (the “Commencement Date”) and shall end on the last day of the one hundred and twentieth (120 th ) full calendar month after the Commencement Date, or if one or more extension options is/are exercised by Tenant as provided herein, the date for expiration of the last such extension to be exercised (the “Expiration Date”).

2. Paragraph 27.01 is hereby amended to read:

Tenant shall have the option to extend the term of this Lease for six additional one year periods, the first such extension period beginning on the first day of the one hundred and twenty first (121 st ) full calendar month after the Commencement Date and ending on the last day of the one hundred and thirty second (132 nd ) full calendar month after the Commencement Date (such extension period hereinafter referred to as the “First Extension Term”). Similarly, each additional successive extension period (from time to time referred to herein as the “Extension Terms”) shall commence on the first day immediately following the expiration of the preceding term, and terminate at the end of twelve months thereafter. Notwithstanding the foregoing, however, Tenant shall not be entitled to so extend the Term of the Lease if Tenant is in default under this Lease at the time for exercise of any such extension beyond applicable notice and cure periods provided herein. The option to extend the Term granted to Tenant shall be automatic for each successive Extension Term, and each successive Extension Term shall commence automatically upon the expiration of the then current Term unless, Tenant gives written notice to Landlord, not less than six (6) months prior to the Expiration Date of the First, or any

subsequent Extension Term, that it wishes not to extend the Term beyond the then current Expiration Date.

 

LANDLORD:    TENANT:
KB Building, LLC ,    MANITEX, INTERNATIONAL INC.,
An Illinois limited liability company    a Michigan corporation

 

By

  /s/ David J. Langevin     By   /s/ Andrew M. Rooke
  David J. Langevin       Andrew Rooke, President
       

/s/ Dody A. Lesniak

       

Notary Public

       

Cook County, Illinois

       

My Commission Expires: 12/14/17

 

 

(2)