UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
AMENDMENT NO. 1 TO FORM 8-K
FORM 8-K/A
CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(d) OF
THE SECURITIES EXCHANGE ACT OF 1934
Date of Report (Date of earliest event reported): JANUARY 10, 2007
----------------
ABLE ENERGY, INC.
(Exact name of registrant specified in charter)
DELAWARE 001-15035 22-3520840
------------------------ ------------------------ -------------------
(State of Incorporation) (Commission File Number) (IRS Employer
Identification No.)
198 GREEN POND ROAD, ROCKAWAY, NJ 07866
---------------------------------------------------
(Address of principal executive offices) (Zip Code)
(973)625-1012
-----------------------------
Registrant's Telephone Number
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))
Explanatory Note: This Amendment No. 1 to the Current Report on Form 8-K is
being filed by Able Energy, Inc. (the "Company") in order to supplement certain
of the information disclosed in the Company's Current Report on Form 8-K filed
January 17, 2007 under Item 2.04.
ITEM 2.04 TRIGGERING EVENTS THAT ACCELERATE OR INCREASE A DIRECT FINANCIAL
OBLIGATION OR AN OBLIGATION UNDER AN OFF-BALANCE SHEET ARRANGEMENT.
On March 2, 2007, the Company received a notice from Laurus Master Fund, Ltd.
(the "Holder") indicating that, the Holder waives the payment Event of Default
as originally described in the Holder's January 10, 2007 notice of claim of
default letter and waives the Default Payment (which was described as being
$1,165,897.84 in the January 10, 2006 letter). The Company has timely made its
regularly scheduled payments due to the Holder under the Convertible Term Note
dated June 30, 2006 by the Company in favor of the Holder (as filed by the
Company in its Current Report on Form 8-K dated July 7, 2006) (the "Note") and
such payments have been accepted by the Holder. The Company believes that based
upon the Holder's March 2, 2007 letter and the Holder's acceptance of scheduled
payments under the Note, the payment terms and conditions of the Note will
continue to apply until the June 30, 2009 maturity date of the Note.
A copy of the Holder's March 2, 2007 notice is attached as Exhibit 99.1 hereto.
ITEM 9.01 FINANCIAL STATEMENTS AND EXHIBITS.
99.1 Notice from Laurus Capital Management, LLC (on behalf of Laurus Master
Fund, Ltd.) to Able Energy, Inc. dated March 2, 2007.
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.
Dated: March 7, 2007
ABLE ENERGY, INC.
By: /s/ Christopher P. Westad
--------------------------------------------
Christopher P. Westad, Acting CEO