innovfood8k092509.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): September 21, 2009
 
 
Innovative Food holdings, Inc.
(Exact name of registrant as specified in its charter)

     
                                                                                    
 Florida
0-9376
20-1167761
(State or other jurisdiction
(Commission
(IRS Employer
of incorporation)
File Number)
Identification No.)

3845 Beck Blvd., Suite 805, Naples, Florida
34114
(Address of principal executive offices)
(Zip Code)

Registrant’s telephone number, including area code:  (239) 596-0204


 
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 September 21, 2009, we entered into a ninety (90) day extension of the Supply Agreement dated as of September 11, 2003 between our wholly-owned subsidiary, Food Innovations, Inc. and Next Day Gourmet, L.P., our primary customer.  The extension is designed to give the parties additional time to complete a more comprehensive and expanded agreement to replace the current agreement.  No assurance can be given that the negotiations will be successful and that the parties will enter into a new agreement.

Item 9.01.  Financial Statements and Exhibits

Exhibit 10.1
 
 
 
 

 

 
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.

 
INNOVATIVE FOOD HOLDINGS, INC.
   
Dated:  September 25, 2009
 
 
By: /s/ Sam Klepfish
Sam Klepfish, CEO
 
 
 
 
 
 

 

 
Exhibit Index

 
 
ex10-1.htm Exhibit 10.1
 
U.S. FOODSERVICE 
 
AMENDMENT TO SUPPLY AGREEMENT

September 3, 2009

Food Innovations, Inc.
1923 Trade Center Way, Suite #1
Naples, FL 34109
Attn: Justin Wiernasz

Dear Justin:

This letter shall serve as an amendment to the Supply Agreement entered into between Next Day Gourmet, L.P. (“NDG”) and Food Innovations, Inc. (“Vendor”), dated as of September 11, 2003, as amended (the “Agreement”).

Effective as of September 11, 2009, USF and Vendor hereby agree to extend the contract dates of the Agreement by ninety (90) days.  Accordingly, the ending date of the Agreement shall change from September 11, 2009 to December 11, 2009.  All other provisions of the Agreement shall remain in effect.

IN WITNESS WHEREOF, the parties acknowledge their agreement to the foregoing by the execution of this Amendment by their respective authorized representatives as of the date first above written.

NEXT DAY GOURMET, L.P.
By:                                                
       Name:
       Title:

 
 
FOOD INNOVATIONS, INC.
By:                                                
       Name:
       Title:

 
 
RECEIVED SEP 15 2009