Post by JJSeabrook on Apr 4, 2006 17:51:30 GMT -5
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
April 3, 2006
__________________________________________________
Date of Report (Date of earliest event reported)
EYI INDUSTRIES, INC.
_____________________________________________________
(Exact name of registrant as specified in its charter)
NEVADA
(State or other jurisdiction of incorporation)
000-29803
(Commission File Number)
88-0407078
(IRS Employer Identification No.)
7865 Edmonds Street, Burnaby, BC Canada
(Address of principal executive offices)
V3N 1B9
(Zip Code)
604-759-5031
Registrant's telephone number, including area code
NOT APPLICABLE
(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:
____ Written communications pursuant to Rule 425 under the
Securities Act (17 CFR 230.425)
____ Soliciting material pursuant to Rule 14a-12 under the Exchange
Act (17 CFR 240.14a-12)
____ Pre-commencement communications pursuant to Rule 14d-2(b)
under the Exchange Act (17 CFR 240.14d-2(b))
____ Pre-commencement communications pursuant to Rule 13e-4(c)
under the Exchange Act (17 CFR 240.13e-4(c))
Item 1.02 Termination of a Material Definitive Agreement
On April 3, 2006 we entered into a Termination Agreement with
Cornell Capital Partners, L.P. attached hereto as Exhibit 10.1.
ITEM 9.01 Financial Statements and Exhibits.
(d) Exhibits
10.1 Termination Agreement dated April 3, 2006
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.
EYI INDUSTRIES, INC.
Date: April 4, 2006
By: /s/ Jay Sargeant
Jay Sargeant
President and CEO
</TEXT>
</DOCUMENT>
TERMINATION AGREEMENT
THIS TERMINATION AGREEMENT (the "Agreement") is made and entered into
effective as of April 3, 2006, by and between EYI INDUSTRIES, INC. a
Nevada Corporation (the "Company"), and CORNELL CAPITAL PARTNERS, LP,
a Delaware limited partnership (the "Investor").
Recitals:
WHEREAS, the Company and the Investor entered into a Standby Equity
Distribution Agreement (the "Standby Equity Distribution Agreement");
a Registration Rights Agreement (the "Registration Rights Agreement")
and an Escrow Agreement all of which are dated as of May 13, 2005
(the "Escrow Agreement"). (Collectively, the Standby Equity Distribution
Agreement, the Registration Rights Agreement, and the Escrow Agreement are
referred to herein as the "Transaction Documents."
NOW, THEREFORE, in consideration of the promises and the mutual promises,
conditions and covenants contained herein and in the Transaction Documents
and other good and valuable consideration, receipt of which is hereby
acknowledged, the parties hereto agree as follows:
1. Termination. Each of the parties to this Agreement hereby terminates
the Transaction Documents and the respective rights and obligations contained
therein. As a result of this provision, none of the parties shall have any
rights or obligations under or with respect to the Transaction Documents.
IN WITNESS WHEREOF, the parties have signed and delivered this Termination
Agreement on the date first set forth above.
EYI INDUSTRIES, INC.
By: /s/ Jay Sargeant
Name: Jay Sargeant
Title: President and CEO
CORNELL CAPITAL PARTNERS, LP
By: Yorkville Advisors, LLC
Its: General Partner
By: /s/ Mark Angelo
Name: Mark A. Angelo
Title: Portfolio Manager
</TEXT>
</DOCUMENT>
Closed at .34. This 8K should move them North Wednesday. This was released After Hours. Look for it to gap big in the morning. China deal PR may be coming SOOn! This could run for a good long while! Party starts at 8:30 CST tomorrow morning!
JJ :[img src="http://i25.photobucket.com/albums/c100/Eagle1x/smileys/![]()
i25.photobucket.com/albums/c100/Eagle1x/smileys/rockon.gif"].gif[/IMG]:
Washington, D.C. 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934
April 3, 2006
__________________________________________________
Date of Report (Date of earliest event reported)
EYI INDUSTRIES, INC.
_____________________________________________________
(Exact name of registrant as specified in its charter)
NEVADA
(State or other jurisdiction of incorporation)
000-29803
(Commission File Number)
88-0407078
(IRS Employer Identification No.)
7865 Edmonds Street, Burnaby, BC Canada
(Address of principal executive offices)
V3N 1B9
(Zip Code)
604-759-5031
Registrant's telephone number, including area code
NOT APPLICABLE
(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:
____ Written communications pursuant to Rule 425 under the
Securities Act (17 CFR 230.425)
____ Soliciting material pursuant to Rule 14a-12 under the Exchange
Act (17 CFR 240.14a-12)
____ Pre-commencement communications pursuant to Rule 14d-2(b)
under the Exchange Act (17 CFR 240.14d-2(b))
____ Pre-commencement communications pursuant to Rule 13e-4(c)
under the Exchange Act (17 CFR 240.13e-4(c))
Item 1.02 Termination of a Material Definitive Agreement
On April 3, 2006 we entered into a Termination Agreement with
Cornell Capital Partners, L.P. attached hereto as Exhibit 10.1.
ITEM 9.01 Financial Statements and Exhibits.
(d) Exhibits
10.1 Termination Agreement dated April 3, 2006
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.
EYI INDUSTRIES, INC.
Date: April 4, 2006
By: /s/ Jay Sargeant
Jay Sargeant
President and CEO
</TEXT>
</DOCUMENT>
TERMINATION AGREEMENT
THIS TERMINATION AGREEMENT (the "Agreement") is made and entered into
effective as of April 3, 2006, by and between EYI INDUSTRIES, INC. a
Nevada Corporation (the "Company"), and CORNELL CAPITAL PARTNERS, LP,
a Delaware limited partnership (the "Investor").
Recitals:
WHEREAS, the Company and the Investor entered into a Standby Equity
Distribution Agreement (the "Standby Equity Distribution Agreement");
a Registration Rights Agreement (the "Registration Rights Agreement")
and an Escrow Agreement all of which are dated as of May 13, 2005
(the "Escrow Agreement"). (Collectively, the Standby Equity Distribution
Agreement, the Registration Rights Agreement, and the Escrow Agreement are
referred to herein as the "Transaction Documents."
NOW, THEREFORE, in consideration of the promises and the mutual promises,
conditions and covenants contained herein and in the Transaction Documents
and other good and valuable consideration, receipt of which is hereby
acknowledged, the parties hereto agree as follows:
1. Termination. Each of the parties to this Agreement hereby terminates
the Transaction Documents and the respective rights and obligations contained
therein. As a result of this provision, none of the parties shall have any
rights or obligations under or with respect to the Transaction Documents.
IN WITNESS WHEREOF, the parties have signed and delivered this Termination
Agreement on the date first set forth above.
EYI INDUSTRIES, INC.
By: /s/ Jay Sargeant
Name: Jay Sargeant
Title: President and CEO
CORNELL CAPITAL PARTNERS, LP
By: Yorkville Advisors, LLC
Its: General Partner
By: /s/ Mark Angelo
Name: Mark A. Angelo
Title: Portfolio Manager
</TEXT>
</DOCUMENT>
Closed at .34. This 8K should move them North Wednesday. This was released After Hours. Look for it to gap big in the morning. China deal PR may be coming SOOn! This could run for a good long while! Party starts at 8:30 CST tomorrow morning!
JJ :[img src="http://i25.photobucket.com/albums/c100/Eagle1x/smileys/