vivakor_8k-120209.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
2, 2009
VIVAKOR,
INC.
(Exact
name of Registrant as specified in its charter)
NEVADA
(State
or other jurisdiction of incorporation)
000-53535
(Commission
File Number)
26-2178141
(IRS
Employer Identification Number)
2590
Holiday Road
Suite
100
Coralville,
Iowa 52241
(Address
of principal executive offices)
(319)
625-2172
(Registrant's
telephone number, including area code)
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
o Soliciting
material pursuant to Rule 14a-12 under the Exchange Act
o Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act
o Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act
Item
5.02 Departure of
Directors or Principal Officers; Election of Directors; Appointment of Principal
Officers.
On
December 2, 2009, the Company’s Board of Directors expanded the number of
Directors on the Company’s Board of Directors from three to five.
On
December 2, 2009, the Company’s Board of Directors appointed Dr. Francis Chen
and Dr. Fritz Lin as directors to fill the vacancies.
Dr. Chen
and Dr. Lin have each been granted Nonstatutory Stock Options to purchase
250,000 shares of the Company’s Common Stock at an exercise price of $0.24 per
share under the Company’s 2008 Incentive Plan. The option shares will vest on a
quarterly basis over eight (8) quarters at a rate of 31,250 shares per quarter
with February 28, 2010 being the first vesting date. A copy of the Nonstatutory
Stock Option Agreement for Dr. Chen is attached hereto as Exhibit 10.9 and a
copy of the Nonstatutory Stock Option Agreement for Dr. Lin is attached hereto
as Exhibit
10.10.
Item
9.01 Financial
Statements and Exhibits
| (c) |
Exhibits |
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| 10.9 |
Nonstatutory Stock
Option Agreement, dated December 2, 2009, Francis Chen. |
| |
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| 10.10 |
Nonstatutory Stock
Option Agreement, dated December 2, 2009, Fritz Lin. |
| |
|
| 99.1 |
Press Release dated
December 7, 2009. |
# #
#
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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VIVAKOR,
INC.
(Registrant)
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By:
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/s/ Tannin
J. Fuja |
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Name:
Tannin J. Fuja |
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Title: President
and Chief Executive Officer |
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Date:
December 7, 2009