UNITED STATES
SECURITIES AND EXCHANGE COMMISSION

Washington, DC 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):  May 4, 2010

 

FORCE PROTECTION, INC.

(Exact name of registrant as specified in its charter)

 

Nevada

 

001-33253

 

84-1383888

(State or other jurisdiction

 

(Commission

 

(IRS Employer

of incorporation)

 

File Number)

 

Identification No.)

 

9801 Highway 78, Building No. 1, Ladson, SC

 

29456

(Address of principal executive offices)

 

(Zip Code)

 

Registrant’s telephone number, including area code:  (843) 574-7000

 

 

(Former name or former address, if changed since last report)

 

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 1.01.     Entry Into A Material Definitive Agreement.

 

On May 4, 2010, Force Protection, Inc. (the “Company”) was awarded through its wholly-owned subsidiary, Force Protection Industries, Inc., a contract modification under its contract W56HZV-08-C-0028 with the United States Army Tank-Automotive and Armaments Command (“U.S. TACOM”) for the provision of 60 Buffalo Mine Protected Clearance Vehicles.  The total consideration under this contract modification is approximately $62.4 million.  The contract modification is subject to definitization.  The award was made pursuant to a contract between Force Protection Industries, Inc. and the U.S. TACOM dated November 2, 2007 for the provision of vehicles.

 

Item 8.01.     Other Events.

 

On May 5, 2010, the Company issued a press release announcing the May 4, 2010 contract modification from the U.S. TACOM.  A copy of the press release issued on May 5, 2010 is attached as Exhibit 99.1 to this Current Report on Form 8-K and incorporated herein by reference.

 

This Current Report on Form 8-K contains forward looking statements that are not historical facts, including statements about our beliefs and expectations. These statements are based on beliefs and assumptions of the Company’s management, and on information currently available to management. These forward looking statements include, among other things: the growth and demand for the Company’s products and services, including its modernization, spares and sustainment business and anticipated significant new orders; the anticipated long-term demand for service, support and upgrade work to the Company’s fleet of vehicles; the opportunities to market and the capabilities of the Ocelot and JAMMA vehicles; the Company’s ability to develop new technologies and products, and the effectiveness of these technologies and products; the Company’s execution of its business strategy and strategic transformation, including its operating plan and its opportunities to grow the business; the effects of the expansion in Afghanistan; and the Company’s expected financial and operating results, including its revenues, cash flow and gross margins, for future periods. Forward-looking statements speak only as of the date they are made, and the Company undertakes no obligation to update any of them publicly in light of new information or future events. A number of important factors could cause actual results to differ materially from those contained in any forward-looking statements. Examples of these factors include, but are not limited to, the ability to effectively manage the risks in the Company’s business; the ability to develop new technologies and products and the acceptance of these technologies and products; the ability to obtain new orders for its vehicles and products; and the other risk factors and cautionary statements listed in the Company’s periodic reports filed with the Securities and Exchange Commission, including the risks set forth in the Company’s Annual Report on Form 10-K for the year ended December 31, 2009 as updated in the Quarterly Report on Form 10-Q for the period ended March 31, 2010.

 

Item 9.01   Financial Statements and Exhibits.

 

(d)  Exhibits

 

Exhibit

 

Description

 

 

 

99.1

 

Press Release entitled “Force Protection Receives $62.4 Million Award for 60 Buffalo Vehicles”

 

2



 

SIGNATURE

 

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.

 

 

Force Protection, Inc.

 

(Registrant)

 

 

Date: May 5, 2010

 

 

 

 

/s/ Lenna Ruth Macdonald

 

(Signature)

 

Name:  Lenna Ruth Macdonald

 

Title:  Chief Strategy Officer, General Counsel & Secretary

 

3



 

EXHIBIT LIST

 

Exhibit

 

Description

 

 

 

99.1

 

Press Release entitled “Force Protection Receives $62.4 Million Award for 60 Buffalo Vehicles”

 

4