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)
March 22, 2010
Active Power, Inc.
(Exact name of registrant as specified in its charter)
| Delaware | 000-30939 | 74-2961657 | ||
| (State or other jurisdiction of incorporation) |
(Commission File Number) | (IRS Employer Identification No.) |
2128 W. Braker Lane, BK12
Austin, Texas 78758
(Address of principal executive offices, including zip code)
(512) 836-6464
(Registrant’s telephone number, including area code)
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 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 7.01. | Regulation FD Disclosure. |
On March 22, 2010, Active Power, Inc., a Delaware corporation (the “Company”), posted a statement on its website at http://www.activepower.com announcing that Gary Rackow, the Company’s Vice President of Sales for the Americas, passed away on March 16, 2010.
The full text of the statement is attached hereto as Exhibit 99.1. In accordance with General Instruction B.2 of Form 8-K, the information in Item 7.01 in this Current Report on Form 8-K, including Exhibit 99.1 hereto, shall not be deemed “filed” for the purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or otherwise subject to the liabilities of that section, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933, as amended, or the Exchange Act, except as shall be expressly set forth by specific reference in such a filing. The information on the Company’s website is not, and shall not be deemed to be, part of this Form 8-K or incorporated into any filing the Company makes with the Securities and Exchange Commission, except as expressly set forth in such a filing.
| Item 9.01 | Financial Statements and Exhibits. |
| (d) |
Exhibits | |
| 99.1 |
Statement of Active Power, Inc. dated March 22, 2010. | |
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.
| ACTIVE POWER, INC. | ||||||
| Date: March 22, 2010 |
By: | /s/ JOHN K. PENVER | ||||
| John K. Penver Chief Financial Officer | ||||||
EXHIBIT INDEX
| Exhibit |
Description | |
| 99.1 | Statement of Active Power, Inc. dated March 22, 2010. | |
Exhibit 99.1
Active Power Mourns Death of Vice President of Sales Gary Rackow
AUSTIN, Texas (March 22, 2010) – Active Power, Inc. (NASDAQ: ACPW) announced today that Gary Rackow, vice president, sales for the Americas passed away Tuesday, March 16, unexpectedly from natural causes. Mr. Rackow joined the company in 2006.
“Active Power has lost a kind, talented and inspirational leader. We are deeply saddened by his death,” said Jim Clishem, president and CEO, Active Power. “He was a distinguished member of the engineering community, a team player, a committed boss, a devoted husband and a good friend. Our thoughts and prayers are with his family during this very difficult time.”
Active Power’s executive team is taking steps to ensure business activities will continue without interruption. In the interim, Mr. Clishem will assume responsibility in managing Active Power’s sales initiatives in the Americas.
Visit www.activepower.com for updates and additional information.
About Active Power
Active Power provides efficient, reliable and green critical power solutions and uninterruptible power supply (UPS) systems to enable business continuity in the event of power disturbances. Founded in 1992, Active Power’s flywheel-based UPS systems protect critical operations in datacenters, healthcare facilities, manufacturing plants, broadcast stations and governmental agencies in more than 40 countries. With expert power system engineers and worldwide services and support, Active Power ensures organizations have the power to perform. For more information, please visit www.activepower.com.