ableenergy_8k-121508.htm
UNITED
STATES
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): December 15, 2008
Able
Energy, Inc.
(Exact
name of registrant specified in charter)
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Delaware
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001-15035
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22-3520840
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(State
of Incorporation)
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(Commission
File Number)
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(IRS
Employer
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Identification
No.)
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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):
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
5.02 Departure of
Directors or Certain Officers; Election of Directors; Appointment of Certain
Officers; Compensatory Arrangements of Certain Officers.
On
December 18, 2008, the Board of Directors of Able Energy, Inc. (the
“Company”) appointed John F. O’Brien as interim Chief Financial Officer of the
Company. There are no family relationships between Mr. O’Brien and any director
or executive officer of the Company.
Mr.
O’Brien will replace Daniel L. Johnston, who resigned as Chief Financial Officer
of the Company effective as of December 15, 2008 for personal reasons. There are
no disputes between the Company and Mr. Johnston. Mr. Johnston will
continue to assist the Company on a consulting basis as his time permits and as
required by the Company.
Mr.
O’Brien, 57, has served as a Managing Director of investment banking at several
retail brokerage firms, including: Aegis Capital Corp., a position which he has
held since 2006; Ehrenkrantz King Nussbaum, Inc., from 2005 to 2006; Lane
Capital Markets, LLC, from 2003 to 2005; and, Park Capital Securities, LLC, from
2001 to 2003, none of which is an affiliate of the Company.
As
Managing Director of investment banking, Mr. O’Brien has assisted companies in
sourcing start-up, early stage and growth capital through private placements to
venture capital firms, institutional private equity investors and accredited
individual investors. He has managed numerous transactions related to
mergers and acquisitions for clients ranging in size from small capitalization
enterprises to Fortune 1000 companies, handled public market initial public
offerings and provided strategic and financial advisory services to both public
and private corporations in a variety of industries.
As an
experienced financial professional, Mr. O’Brien has been actively involved in
the financial accounting management of several companies along with extensive
knowledge of regulatory requirements of public companies. Previously, he worked
as the chief financial officer of Miles River Development Corporation in Boston,
Massachusetts, as well as MultiTechnics Corporation of Boston, a chain of retail
stores.
Mr.
O’Brien holds a Bachelor of Arts degree in economics from Boston
College.
The
Company will continue to engage outside, independent financial consultants to
assist Mr. O’Brien with the preparation of the Company’s SEC filing
requirements.
A press
release announcing the appointment of John F. O’Brien is attached to this
Current Report as Exhibit 99.1.
Item
9.01 Financial
Statements and Exhibits.
Exhibits
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99.1
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Press
Release dated December 19,
2008.
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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.
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Able
Energy, Inc.
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By:
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/s/
Gregory D. Frost |
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Name: |
Gregory
D. Frost |
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Title: |
Chief
Executive Officer |
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Dated: |
December
19, 2008 |
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