Item 1.01 Entry into a Material Definitive Agreement.
On February 9, 2007, we entered into a Securities Purchase Agreement dated
as of that date (the "Securities Purchase Agreement") with institutional
investors ("Purchasers"), for the purchase and sale of our 8% Secured
Convertible Debentures in the aggregate principal amount of $7,500,000 (the
"Debentures") for a total gross purchase price of $7,500,000 (the "Debt
Financing"). Pursuant to the terms of the Securities Purchase Agreement, we also
issued to the Purchasers at closing on February 12, 2007, warrants to purchase
an aggregate of 2,437,500 shares of our common stock at an initial exercise
price of $3.81 per share, subject to adjustment for certain issuances,
transactions and events resulting in dilution to the holders.
The principal amount of the Debentures, together with accrued but unpaid
interest and any other amounts due thereon, is due and payable on February 11,
2010, or earlier upon acceleration following an event of default, as defined in
the Debentures. The Debentures bear interest at a nominal rate of 8% per annum,
payable quarterly, in cash or additional shares of our common stock at our
election.
The principal amount of the Debentures and accrued interest thereon is
convertible into shares of our common stock at the election of the Purchasers at
an initial exercise price of $2.00 per share, subject to adjustment for certain
issuances, transactions or events that would result in dilution to the holders.
The option of each Purchaser to convert the Debentures, or exercise the
Warrants, is subject to the restriction that such conversion or exercise, does
not result in the Purchaser beneficially owning at any one time more that 4.99%
of our outstanding shares of common stock.
Payment of the Debentures is guaranteed by each of our subsidiaries
pursuant to the terms of a Guarantee dated as of February 9, 2007 in favor of
the Purchasers and secured by all of our assets and the assets of Volga-Neft
Limited Company, a corporation formed under the laws of the Russian Federation,
Samara Region pursuant to the terms of the Security Agreement by and between us
and the Purchasers, dated as of February 9, 2007 (the "Security Agreement").
Pursuant to the terms of a Registration Rights Agreement by and between us
and the Purchasers, dated as of February 9, 2007 (the "Registration Rights
Agreement"), we have agreed to prepare and file with the Securities and Exchange
Commission a registration statement on Form SB-2 for the purpose of registering
for resale all of the shares of our common stock issuable upon conversion of the
Debentures and the exercise of the Warrants.
We plan to use the net proceeds of the Debt Financing to expand our
operations, to fund strategic initiatives and to repay certain liabilities.
Lock-Up Agreement
As a condition of the Debt Financing, we have entered into agreements with
each of our officers, directors and principal stockholders pursuant to which
each of them has agreed not to sell any shares of our common stock prior to 90
calendar days after the registration statement covering registering for resale
all of the shares of our common stock issuable upon conversion of the Debentures
and the exercise of the Warrants has been declared effective.
The foregoing description of the Debentures, the Warrants, the Security
Agreement, the Guarantee, the Securities Purchase Agreement, the Registration
Rights Agreement and the Lock-Up Agreement does not purport to be complete and
is qualified in its entirety by reference to the Debentures, the Warrants, the
Security Agreement, the Guarantee, the Securities Purchase Agreement, the
Registration Rights Agreement and the Lock-Up Agreements, which are attached
hereto as Exhibits 4.1, 4.2, 4.3. 4.4, 10.1, 10.2 and 10.3, respectively, and
incorporated herein by reference.
Placement Agent Agreement
On February 9, 2007, we entered into a placement agency agreement (the
Placement Agency Agreement") appointing Rodman & Renshaw as our placement agent
for the Debt Financing (the "Placement Agent"). The following summary of the
Placement Agency Agreement is qualified in its entirety by the full text of that
agreement which has been filed as Exhibit 10.4 to this Current Report.
We paid the Placement Agent 7% of the gross proceeds from the sale of the
Debentures, a portion of which may be reallocated to other registered
broker-dealers participating in the offering, and reimburse the Placement Agent
for $25,000 of its expenses. We also issued to the Placement Agent a warrant to
purchase 262,500 shares of our common stock at an exercise price of $3.81 per
share, subject to adjustments. We also have agreed to indemnify the Placement
Agent, its selected dealers, agents and their respective officers, directors,
employees and controlling persons against liabilities incurred under the
Securities Act, as well as claims made against those persons for finder's or
broker's fees, and to reimburse those persons for expenses (including reasonable
attorneys' fees) incurred in investigating and defending against claims asserted
against them, in connection with the offer and sale of the Debentures, except in
certain circumstances, and to the extent indemnification is not available, to
contribute to payments made by those persons.
Item 2.03 Creation of a Direct Financial Obligation or an Obligation under an
Off-Balance Sheet Arrangement of a Registrant.
The information contained in Item 1.01 of this Current Report is
incorporated by reference in this Section 2.03.
Item 3.02 Unregistered Sales of Equity Securities
The information contained in Item 1.01 of this Current Report is
incorporated by reference into this Item 3.02. The securities described in Item
1.01 above were offered and sold in reliance upon exemptions from registration
pursuant to Section 4(2) under the Securities Act and Rule 506 promulgated
thereunder. The Securities Purchase Agreements executed in connection therewith
contain representations to support the Company's reasonable belief that each of
the Purchasers had access to information concerning its operations and financial
condition, is acquiring the securities for its own account and not with a view
to the distribution thereof, and is an "accredited investor" as such term is
defined in Rule 501 (a) of Regulation D promulgated under the Securities Act. At
the time of their issuance, the securities described in Item 1.01 above will be
deemed to be restricted securities for purposes of the Securities Act and the
certificates representing the securities shall bear legends to that effect.
Item 7.01 Regulation FD Disclosure.
On February 12, 2007, the Company issued a press release to report the
Debt Financing. The press release is attached hereto as Exhibit 99.1 and is
incorporated herein by reference.
In accordance with General Instruction B.2 of Form 8-K, the information
furnished pursuant to this Item 7.01, including Exhibit 99.1, shall not be
deemed "filed" for the purposes of Section 18 of the Securities Exchange Act of
1934, as amended, or otherwise subject to the liability of that section, nor
shall they be deemed incorporated by reference in any filing under the
Securities Act of 1933, as amended, except as shall be expressly set forth by
specific reference in such a filing.
Item 9.01 Financial Statements and Exhibits.
(d) Exhibits.
Exhibit No. Description
----------- -----------
4.1 Form of the Company's 8% Secured Convertible Debenture due
2010
4.2 Form of Common Stock Purchase Warrant
4.3 Form of Security Agreement dated as of February 9, 2007
4.4 Form of Subsidiary Guarantee dated as of February 9, 2007
10.1 Form of Securities Purchase Agreement dated as of February 9,
2007
10.2 Form of Registration Rights Agreement dated as of February 9,
2007
10.3 Form of Lock-Up Agreement dated as of February 9, 2007
10.4 Agreement dated December 14, 2006 betweeen Star Energy
Corporation and Rodman & Renshaw
99.1 Press Release, dated February 12, 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.
STAR ENERGY CORPORATION
Date: February 13, 2007 By: /s/ Patrick J. Kealy
--------------------
Patrick J. Kealy
President and CEO
EXHIBIT INDEX
Exhibit No. Description
----------- -----------
4.1 Form of the Company's 8% Secured Convertible Debenture due
2010
4.2 Form of Common Stock Purchase Warrant
4.3 Form of Security Agreement dated as of February 9, 2007
4.4 Form of Subsidiary Guarantee dated as of February 9, 2007
10.1 Form of Securities Purchase Agreement dated as of February 9,
2007
10.2 Form of Registration Rights Agreement dated as of February 9,
2007
10.3 Form of Lock-Up Agreement dated as of February 9, 2007
10.4 Agreement dated December 14, 2006 betweeen Star Energy
Corporation and Rodman & Renshaw
99.1 Press Release, dated February 12, 2007