Comstock Holding Companies, Inc. 8-K 2009
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
Pursuant to Section 13 or 15(d) of the
Securities Exchange Act Of 1934
Date of Report (Date of earliest event reported): April 17, 2009
Comstock Homebuilding Companies, Inc.
(Exact Name of Registrant as Specified in its Charter)
11465 SUNSET HILLS ROAD, FIFTH FLOOR
RESTON, VIRGINIA 20910
(Address of principal executive offices) (Zip Code)
Registrants Telephone Number, Including Area Code: (703) 883-1700
(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):
On April 17, 2009, Comstock Homebuilding Companies, Inc. (Comstock or the Comstock), was issued a notice of default from Wachovia Bank, National Association (Wachovia) regarding its Loan Modification and Forbearance Agreement (the Agreement) and its Amended and Restated Promissory Note in the amount of $8,000,000 (the Note and collectively with the Agreement the Loans). Wachovias notice is based on allegations of 1) Comstocks failure to timely pay amounts due under the Agreement and the Note and 2) the existence of certain mechanics liens and liens for unpaid taxes against the collateral securing the Loans. Comstocks total outstanding indebtedness to Wachovia on April 23, 2009 is approximately $18.9 million.
The information contained in this Item 2.04 shall not be deemed filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the Exchange Act) or otherwise subject to the liabilities of that section, or incorporated by reference in any filing under the Exchange Act or the Securities Act of 1933, as amended, except as shall be expressly set forth by specific reference in such filing.
Pursuant to the requirements of the Securities Exchange Act of 1934, the Company has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
Date: April 23, 2009