SEC Form 4 · accession 0001193805-18-000114
ENERTECK CORP · ETCK
Statement of changes in beneficial ownership, as filed. Original on EDGAR ↗
Reporting owner
Thomas Donino
Officer — Chairman of the Board · Director · 10% Owner
Period of report
Jan 31, 2018
Accepted (ET)
Feb 2, 2018 · 1:23 pm EST
Rule 10b5-1 plan
unknown — predates the checkbox
Issuer CIK
0001128353
Table I — non-derivative securities
| Security | Date | Code | Shares | Price | A/D | Owned after | D/I | Nature of ownership |
|---|---|---|---|---|---|---|---|---|
| Common StockF1,F2 | Jan 31, 2018 | A | 250,000 | $0.40 | A | 7,856,115 | D | |
| Common StockF1,F2 | Jan 31, 2018 | A | 166,667 | $0.30 | A | 8,022,782 | D | |
| Common StockF1,F2 | Jan 31, 2018 | A | 539,230 | $0.20 | A | 8,562,012 | D | |
| Common StockF1,F2 | Jan 31, 2018 | A | 800,000 | $0.25 | A | 9,362,012 | D | |
| Common StockF1,F2 | Jan 31, 2018 | A | 3,471,250 | $0.20 | A | 12,833,262 | D | |
| Common StockF1,F3 | holding | — | — | — | 1,131,300 | I | Through BATL Management LP | |
| Common StockF1,F4 | holding | — | — | — | 2,450,000 | I | Through BATL Bioenergy LLC | |
| Common StockF1,F5 | holding | — | — | — | 46,500 | I | By Self as Custodian for Children |
Table II — derivative securities
No Table II lines on this filing.
Explanation of responses
- F1This Form 4 is being filed by Thomas Donino.
- F2On January 31, 2018, the reporting person entered into a 2017 Consolidated Conversion and Subscription Agreement with the Issuer pursuant to which the reporting person (a) agreed to convert $100,000 advanced in 2010 into 250,000 shares of Common Stock at a conversion price of $0.40 per share; and (b) agreed to convert $50,000 advanced in 2012 into 166,667 shares at a conversion price of $0.30 per share; and the Issuer agreed to issue and the reporting person agreed to accept (c) 539,230 shares at $0.20 per share in payment of the interest on the 2010 and 2012 advances in the amount of $107,846; (d) 800,000 shares at $0.25 per share in full consideration for cash contributions made in 2015 of $200,000; (e) 2,150,000 shares at $0.20 per share in full consideration for cash contributions made in 2016 of $430,000; and (f) 1,321,250 shares at $0.20 per share in full consideration for cash contributions made in 2017 of $264,250.
- F3This amount reflects the amount of securities held by BATL Management LP ("BML"). Mr. Donino is the sole officer, director and shareholder of BML's general partner. BML is a family limited partnership whose members are certain relatives and trusts for the benefit of certain relatives of Mr. Donino. In accordance with Instruction 4(b)(iv) of Form 4, the entire amount of the Issuer's securities held by BML is reported herein. Mr. Donino disclaims, for purposes of Section 16 of the Securities Exchange Act of 1934, beneficial ownership of such securities, except to the extent of the indirect pecuniary interest therein held by Mr. Donino and members of his immediate family, and this report shall not be deemed an admission that Mr. Donino is the beneficial owner of such securities for purposes of Section 16 or for any other purposes.
- F4This amount reflects the amount of securities held by BATL Bioenergy LLC ("BBL"). Mr. Donino is the president and managing member of BBL. In accordance with Instruction 4(b)(iv) of Form 4, the entire amount of the Issuer's securities held by BBL is reported herein. Mr. Donino disclaims, for purposes of Section 16 of the Securities Exchange Act of 1934, beneficial ownership of such securities, except to the extent of his indirect pecuniary interest therein, and this report shall not be deemed an admission that Mr. Donino is the beneficial owner of such securities for purposes of Section 16 or for any other purposes. BML disclaims beneficial ownership over all shares held by BBL.
- F5This amount reflects 46,500 shares held by the reporting person as custodian for his children.