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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) FEBRUARY 24, 2005
ZAP
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(Exact name of Registrant as specified in its charter)
CALIFORNIA 0-303000 94-3210624
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(State or other jurisdiction (Commission (I.R.S. Employer
of incorporation) File Number) Identification No.)
501 FOURTH STREET
SANTA ROSA, CA, 95401
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(Address of principal executive offices)
(707) 525-8658
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Registrant's telephone number, including area code
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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 (see General Instruction A.2. below):
[_] 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))
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ITEM 1.02 TERMINATION OF A MATERIAL DEFINITIVE AGREEMENT
On February 22, 2005 , ZAP a California company, and Fusion Capital Fund II,LLC,
mutually terminated their existing $24 million common stock agreement which was
entered into on July 22, 2004. In connection with this termination agreement,
ZAP will repurchase the $500,000 of common stock originally purchased by Fusion
Capital Fund II, LLC. In addition, Fusion Capital Fund II, LLC will retain the
warrants that were previously issued by ZAP.
ITEM 9.01 FINANCIAL STATEMENTS AND EXHIBITS.
(c) Exhibits.
Exhibit No. Description
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10.1 Mutual Termination Agreement dated February 22,
2005 with Fusion Capital Fund II, LLC.
99.1 Press Release dated February 25, 2005
SIGNATURE
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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, thereunto duly authorized.
February 24, 2005
ZAP
BY:
/s/ Steven Schneider
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Steven M. Schneider,
Chief Executive Officer