Replies to post #194562 on Spongetech Delivery Systems, Inc. (fka SPNGQ)

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Item 5.03 Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year.


On September 9, 2009, Spongetech Delivery Systems, Inc. (the “Company”) filed with the Secretary of State of the State of Delaware a Certificate of Amendment to the Company’s Certificate of Incorporation, effective as of September 22, 2009 (the “Amendment”), which further reduces the aggregate number of authorized shares of the Company’s capital stock to 365,000,000 shares, consisting of 300,000,000 shares of common stock, 25,000,000 shares of Class B stock, and 40,000,000 shares of preferred stock (the “Authorized Share Reduction”). Pursuant to the Amendment, the Authorized Share Reduction will take effect simultaneously with the previously announced reverse split, which split will be effective on the close of business on September 22, 2009, subject to the receipt of the necessary regulatory approvals.
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549


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FORM 8-K

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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 11, 2009 (September 9, 2009)

SPONGETECH DELIVERY SYSTEMS, INC.
(Exact name of registrant as specified in its charter)



Delaware 333-100925 54-2077231
(State or other jurisdiction
of incorporation) (Commission File Number) (IRS Employer
Identification No.)



10 West 33rd Street, Suite 518
New York, New York 10001
(Address of principal executive offices and Zip Code)


Registrant's telephone number, including area code: [phone]




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:

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))