SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
Pursuant To Section 13 or 15(d) of the Securities Exchange Act of 1934
Date of Report: January 9, 2013
(Date of earliest event reported)
CLEANTECH BIOFUELS, INC.
(Exact name of registrant as specified in its charter)
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:
o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d- 2(b))
o 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.
CleanTech Biofuels, Inc. (the “Company”) issued a promissory note on September 1, 2010 to CMS Acquisition, LLC (“CMS”) in the amount of $100,000 (the “Note”) that was due to mature on February 28, 2011. The Company and CMS have entered into various amendments extending the due date while: (i) paying $25,000 on the Note and all accrued interest to date as of February 11, 2011, (ii) increasing the interest rate on the outstanding balance of the Note to 10% as of May 16, 2011 and (iii) re-dating the warrant to November 7, 2011.
On January 9, 2013, the Company and CMS entered into Amendment No. 8 extending the due date to April 30, 2013.
A copy of Amendment No. 8 is attached as Exhibit 10.31 and is incorporated herein by reference. The foregoing description of Amendment No. 8 is qualified in its entirety by reference to the full text of such agreement.
Item 9.01 Financial Statements and Exhibits
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.