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 1, 2009

Date of Report (Date of earliest event reported)

 

BALLANTYNE OF OMAHA, INC.

(Exact name of registrant as specified in its charter)

 

Delaware

 

1-13906

 

47-0587703

(State or other jurisdiction of

 

(Commission

 

(IRS Employer

incorporation or organization)

 

File No.)

 

Identification Number)

 

4350 McKinley Street

 

 

Omaha, Nebraska

 

68112

(Address of principal executive offices)

 

(Zip Code)

 

(402) 453-4444

(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 (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))

 

 

 



 

Form 8-K

 

Item 1.01            Entry into a Material Definitive Agreement.

 

On April 1, 2009, Ballantyne entered into a Consulting Agreement with Christopher Beach, a Director.  Mr. Beach will consult with Ballantyne on a part-time basis for one year as an independent contractor.  He will assist senior management on matters such as strategic planning, mergers and acquisitions and succession planning.   He will receive a consulting fee of $85,000, paid as follows:  $42,500 cash paid in 52 bi-weekly installments; and $42,500 in restricted stock granted pursuant to the Non-Employee Directors’ Restricted Stock Plan.  He will be reimbursed for out-of-pocket expenses and for a portion of the expenses associated with his separately maintained office in Santa Monica, California.

 

SIGNATURE

 

Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 

 

 

BALLANTYNE OF OMAHA, INC.

 

 

 

 

 

 

Date: April 7, 2009

 

By:

/s/ Kevin Herrmann

 

 

 

Kevin Herrmann

 

 

 

Secretary/Treasurer and

 

 

 

Chief Financial Officer

 

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