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): September 1, 2006
MYMETICS CORPORATION
(Exact name of registrant as specified in its charter)
Delaware 000-25132 25-1741849
(State of other jurisdiction (Commission (IRS Employer
of incorporation) File Number) Identification No.)
14, rue de la Colombiere
1260 Nyon, Switzerland NA
(Address of principal executive offices) (Zip Code)
Registrant's telephone number, including area code: +011 41 22 363 13 10
(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):
[ ] 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 2.04 TRIGGERING EVENTS THAT ACCELERATE OR INCREASE A DIRECT FINANCIAL
OBLIGATION OR AN OBLIGATION UNDER AN OFF-BALANCE SHEET ARRANGEMENT.
On September 1, 2006, the registrant received a letter from MFC
Merchant Bank S.A. ("MFC") under its E3.7 million credit facility declaring the
registrant in default as a result of its failure to make a E900,000 partial
repayment due June 30, 2006. Under the terms of the credit facility, the
registrant's default accelerates the repayment of the credit facility. The
registrant previously reported its failure to make the required partial
repayment in its Quarterly Report on Form 10-Q for the period ended June 30,
2006.
In its letter, MFC demanded repayment no later than September 5, 2006,
of the total outstanding balance under the credit facility, totaling
approximately E3.9 million including interest through such date. The registrant
has not made that repayment.
In response to the prior threats of MFC to declare registrant in
default of the above credit facility and receipt of the September 1, 2006 letter
from MFC described above, registrant will proceed with lawsuits in Delaware and
New York against MFC, Michael J. Smith, John M. Musacchio and Michael K. Allio,
personally, and KHD Humboldt Wedag International, Ltd. (f/k/a MFCBancorp., Ltd.)
alleging breaches of fiduciary duty, interference with prospective business
relations and civil conspiracy against one or more of the foregoing parties.
Registrant believes that it has valid grounds to contest the validity of the
credit facility with MFC and intends to defend itself vigorously against MFC's
efforts to foreclose on the loan.
ITEM 8.01 OTHER EVENTS.
The response to Item 2.04 is incorporated herein by reference.
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SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the
Registrant has duly caused this report to be signed on its behalf by the
undersigned thereunto duly authorized.
Date: September 8, 2006 MYMETICS CORPORATION
By: /s/ Ernst Luebke
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Ernst Luebke
Chief Financial Officer
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