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):
October 30, 2009
KAL
ENERGY, INC.
(Exact
name of registrant as specified in its charter)
Delaware
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333-97201
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98-0360062
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(State
or other jurisdiction of
incorporation)
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(Commission
File Number)
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(IRS
Employer Identification No.)
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World
Trade Center 14th Floor
Jl.
Jenderal Sudirman Kav. 29-31
Jakarta,
Indonesia
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12920
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(Address
of principal executive offices)
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(Zip
Code)
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Registrant’s
telephone number, including area code: (62) 21 5211110
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 8.01
OTHER EVENTS.
As
previously disclosed by KAL Energy, Inc. (“
KAL
”) in its Current
Report on Form 8-K filed with the Securities and Exchange Commission on October
1, 2009, KAL, its subsidiary Thatcher Mining PTE, Ltd., Romo Nitiyudo Wachjo,
Kangaroo Resources Ltd. (“
KRL
”) and PT Graha
Panca Karsa (“
GPK
”) entered into a
Deed of Termination and Release (the “
Release
”) pursuant to
which Thatcher and GPK agree to terminate the Cooperation and Investment
Agreement of January 7, 2007 that was by and among GPK, Thatcher, Fitri S Astuty
Goodwin and Sri Purwani. The Release serves to terminate all claims
held by KAL and its affiliates to the economic benefits to which they may have
been entitled with respect to GPK.
Pursuant
to the terms of the Release, KRL has made the following payments to Thatcher:
(i) US$100,000 and (ii) on October 30, 2009, a payment of US$50,000 was made to
extend the second payment obligation 45 days. KRL is required to make
the remaining payments of (i) US$2,400,000 and (ii) the third payment of
US$2,500,000 consistent with the original timeline as extended by the 45 day
extension. The original timeline provided for KRL to pay the second
payment on the date which is 30 days from the date of the Release and the
third payment on the date that is 60 days from the date of the
Release.
KRL may
elect to make any of the above payments prior to the relevant payment dates,
provided that the minimum payments made are at least US$250,000. KRL
may extend the third payment for an additional 45 days by providing notice and
submitting an additional penalty payment of US$50,000 to Thatcher.
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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KAL
ENERGY, INC.
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November
4, 2009
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By:
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/s/ William Bloking
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William
Bloking
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Executive
Chairman and President
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