Hyzon Motors Inc. filed SEC Form 8-K: Entry into a Material Definitive Agreement, Financial Statements and Exhibits
$HYZN
Industrial Machinery/Components
Energy
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
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FORM 8-K
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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 2, 2023
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Item 1.01. Entry Into a Material Agreement.
On September 28, 2023, Hyzon Motors USA Inc., a subsidiary of Hyzon Motors Inc. (the “Company”), entered into a Second Amendment (the “Second Amendment”) to the Intellectual Property Agreement (the “Agreement”) dated January 12, 2021, with Jiangsu Qingneng New Energy Technologies Co., Ltd. (“Jiangsu Horizon”), Shanghai Qingneng Horizon New Energy Ltd. (“Shanghai Horizon”), and Jiangsu Horizon Powertrain Technologies Co. Ltd. Jiangsu Horizon, Shanghai Horizon, and Jiangsu Powertrain Technologies Co. Ltd. are affiliates of Horizon Fuel Cell Technologies PTE Ltd., the Company’s majority controlling stockholder. The Second Amendment is effective September 22, 2023.
Under the terms of the Second Amendment, the parties have agreement to certain amendments to the Agreement pertaining to their rights in and to hydrogen fuel cell intellectual property. The parties have also agreed to a term for the Agreement that shall expire on the seven-year anniversary of the Second Amendment Effective Date.
The foregoing summary of the terms and conditions of the Agreement does not purport to be complete and is qualified in its entirety by reference to the complete text of the Agreement, a copy of which is filed as Exhibit 10.1 hereto and is incorporated herein by reference.
Item 9.01. Financial Statements and Exhibits.
(d) Exhibits:
| Exhibit Number | Description | |||||||
| 10.1* | ||||||||
| 104 | Cover Page Interactive Data File (formatted as inline XBRL and contained in Exhibit 101) | |||||||
| * Certain provisions of this exhibit have been omitted pursuant to Item 601(b)(10)(iv) of Regulation S-K and will be supplementally provided to the SEC upon request. | ||||||||
SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
| HYZON MOTORS INC. | ||||||||
| Date: October 2, 2023 | By: | /s/ John Zavoli | ||||||
Name: | John Zavoli | |||||||
Title: | General Counsel & Chief Legal Officer | |||||||