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): May 22, 2009
LITHIUM
TECHNOLOGY CORPORATION
(Exact
name of registrant as specified in its charter)
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Delaware
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1-10446
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13-3411148
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(State
or other jurisdiction of incorporation or organization)
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(Commission
File Number)
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(IRS
Employer Identification No.)
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5115
Campus Drive,
Plymouth Meeting, PA
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19462
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(Address
of Principal Executive Offices)
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(Zip
Code)
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Our
telephone number, including area code: (610)
940-6090
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
us 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))
Item
4.02. Non-Reliance on Previously Issued Financial Statements or a
Related Audit Report or Completed Interim Review
(a) On
May 22, 2009, Lithium Technology Corporation (the “Company”) filed a Form 10-Q
for the quarter ended September 30, 2008 (the “September 2008 Form 10-Q”) with
the Securities and Exchange Commission (the “SEC”) which included financial
statements for the fiscal quarter ended September 30, 2008 (the “September 2008
Financial Statements”). Amper, Politziner & Mattia, LLP
(“Amper”), the Company’s independent registered public accounting firm, has not
yet completed its review of the Company’s September 2008 Financial
Statements. Accordingly, all information contained in the September
2008 Form 10-Q, including the September 2008 Financial Statements, is subject to
update and revision and should therefore not be relied upon. Amper is
in the process of completing its review of the September 2008 Financial
Statements and upon completion of such review, the Company will file with the
SEC an amendment to the September 2008 Form 10-Q. Management has
discussed the matters disclosed in this Current Report on Form 8-K with
Amper.
Item
8.01. Other Events.
See Item
4.02(a) above.
SIGNATURES
Pursuant
to the requirements of the Securities Exchange Act of 1934, we have duly caused
this report to be signed on our behalf by the undersigned hereunto duly
authorized.
Date: May
26, 2009
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LITHIUM
TECHNOLOGY CORPORATION
(Registrant)
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By:
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Name:
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Theo
M.M. Kremers
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Title:
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Chief
Executive Officer and Acting Chief Financial
Officer
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