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): APRIL 5, 2005
ABLE ENERGY, INC.
(Exact name of registrant as specified in its charter)
Delaware 001-15035 22-3520840
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(State or other jurisdiction (Commission (IRS Employer
of incorporation) File Number) Identification No.)
198 Green Pond Road, Rockaway, New Jersey 07866
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(Address of principal executive offices and Zip Code)
Registrant's telephone number, including area code (973) 625-1012
Copies to:
Gregory Sichenzia, Esq.
Sichenzia Ross Friedman Ference LLP
1065 Avenue of the Americas
New York, New York 10018
Phone: (212) 930-9700
Fax: (212) 930-9725
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):
[ ] 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))
SECTION 5 CORPORATE GOVERNANCE AND MANAGEMENT
ITEM 5.02 DEPARTURE OF DIRECTORS OR PRINCIPAL OFFICERS; ELECTION OF
DIRECTORS; APPOINTMENT OF PRINCIPAL OFFICERS.
On April 5, 2005, our Board of Directors appointed Gregory D. Frost,
Esq. as our General Counsel and Director. There are no understandings or
arrangements between Mr. Frost and any other person pursuant to which Mr. Frost
was selected as General Counsel and a Director. Mr. Frost does not have any
family relationship with any director, executive officer or person nominated or
chosen by us to become a director or executive officer.
From 1974 to the present, Gregory D. Frost, Esq. has been a practicing
attorney in the State of New York and since 1999 has been a partner of the law
firm of Ferber Frost Chan & Essner, LLP (formally known as Robson Ferber Frost
Chan & Essner LLP). Mr. Frost's main areas of practice have been and continue to
be mergers and acquisitions, and general corporate and securities matters. From
1975 through 1980, he was Assistant General Counsel at The Singer Company and RH
Macy & Co. Thereafter, Mr. Frost spent approximately 12 years as a partner of
the law firm of Bower & Gardner, managing their corporate and securities
department. In 1970, Mr. Frost received a B.S. degree from New York University
(Stern School). In addition, he received is Juris Doctorate in 1973 from New
York Law School and in 1979 obtained a Master of Law Degree (LLM) in Corporate
Law from New York University Law School.
Appointment to Committees of the Board of Directors
Mr. Frost presently does not serve on any committee of our Board of
Directors. Mr. Frost may be appointed to serve as a member of a committee and
there are plans to have our shareholders vote to approve his appointment to our
Governance and Nominating Committee at our 2005 Annual Meeting of Stockholders
which is scheduled to be held on May 25, 2005.
SECTION 9 FINANCIAL STATEMENTS AND EXHIBITS
ITEM 9.01 FINANCIAL STATEMENTS AND EXHIBITS.
(A) FINANCIAL STATEMENTS OF BUSINESS ACQUIRED.
Not applicable.
(B) PRO FORMA FINANCIAL INFORMATION.
Not applicable.
(C) EXHIBITS.
Not applicable.
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.
ABLE ENERGY, INC.
Date: April 29, 2005 /s/ Christopher Westad
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Christopher Westad
President and Chief Financial Officer