SEC Form 4
FORM 4 | UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934 or Section 30(h) of the Investment Company Act of 1940 |
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Check this box if no longer subject to Section 16. Form 4 or Form 5 obligations may continue. See Instruction 1(b). |
1. Name and Address of Reporting Person*
(Street)
| 2. Issuer Name and Ticker or Trading Symbol ENERTECK CORP [ ETCK ] | 5. Relationship of Reporting Person(s) to Issuer (Check all applicable)
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3. Date of Earliest Transaction (Month/Day/Year) 01/31/2018 | ||||||||||||||||||||||||||
4. If Amendment, Date of Original Filed (Month/Day/Year) | 6. Individual or Joint/Group Filing (Check Applicable Line)
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Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned | ||||||||||
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1. Title of Security (Instr. 3) | 2. Transaction Date (Month/Day/Year) | 2A. Deemed Execution Date, if any (Month/Day/Year) | 3. Transaction Code (Instr. 8) | 4. Securities Acquired (A) or Disposed Of (D) (Instr. 3, 4 and 5) | 5. Amount of Securities Beneficially Owned Following Reported Transaction(s) (Instr. 3 and 4) | 6. Ownership Form: Direct (D) or Indirect (I) (Instr. 4) | 7. Nature of Indirect Beneficial Ownership (Instr. 4) | |||
Code | V | Amount | (A) or (D) | Price | ||||||
Common Stock(1) | 01/31/2018 | A | 250,000 | A(2) | $0.4 | 7,856,115 | D | |||
Common Stock(1) | 01/31/2018 | A | 166,667 | A(2) | $0.3 | 8,022,782 | D | |||
Common Stock(1) | 01/31/2018 | A | 539,230 | A(2) | $0.2 | 8,562,012 | D | |||
Common Stock(1) | 01/31/2018 | A | 800,000 | A(2) | $0.25 | 9,362,012 | D | |||
Common Stock(1) | 01/31/2018 | A | 3,471,250 | A(2) | $0.2 | 12,833,262 | D | |||
Common Stock(1) | 1,131,300(3) | I | Through BATL Management LP | |||||||
Common Stock(1) | 2,450,000(4) | I | Through BATL Bioenergy LLC | |||||||
Common Stock(1) | 46,500(5) | I | By Self as Custodian for Children |
Table II - Derivative Securities Acquired, Disposed of, or Beneficially Owned (e.g., puts, calls, warrants, options, convertible securities) | |||||||||||||||
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1. Title of Derivative Security (Instr. 3) | 2. Conversion or Exercise Price of Derivative Security | 3. Transaction Date (Month/Day/Year) | 3A. Deemed Execution Date, if any (Month/Day/Year) | 4. Transaction Code (Instr. 8) | 5. Number of Derivative Securities Acquired (A) or Disposed of (D) (Instr. 3, 4 and 5) | 6. Date Exercisable and Expiration Date (Month/Day/Year) | 7. Title and Amount of Securities Underlying Derivative Security (Instr. 3 and 4) | 8. Price of Derivative Security (Instr. 5) | 9. Number of derivative Securities Beneficially Owned Following Reported Transaction(s) (Instr. 4) | 10. Ownership Form: Direct (D) or Indirect (I) (Instr. 4) | 11. Nature of Indirect Beneficial Ownership (Instr. 4) | ||||
Code | V | (A) | (D) | Date Exercisable | Expiration Date | Title | Amount or Number of Shares |
Explanation of Responses: |
1. This Form 4 is being filed by Thomas Donino. |
2. On 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. |
3. This 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. |
4. This 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. |
5. This amount reflects 46,500 shares held by the reporting person as custodian for his children. |
/s/ Thomas Donino | 02/02/2018 | |
** Signature of Reporting Person | Date | |
Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly. | ||
* If the form is filed by more than one reporting person, see Instruction 4 (b)(v). | ||
** Intentional misstatements or omissions of facts constitute Federal Criminal Violations See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a). | ||
Note: File three copies of this Form, one of which must be manually signed. If space is insufficient, see Instruction 6 for procedure. | ||
Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB Number. |