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

May 24, 2010

(Date of Report – Date of earliest event reported)

 

 

DayStar Technologies, Inc.

(Exact name of registrant as specified in its charter)

 

 

 

Delaware   001-34052   84-1390053

(State or other jurisdiction

of incorporation)

 

(Commission

file Number)

 

(I.R.S. Employer

Identification No.)

 

7373 Gateway Boulevard

Newark, California

  94560
(Address of principal executive offices)   (Zip Code)

Registrant’s telephone number, including area code: (408) 907-4600

N/A

(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:

 

¨ 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 2.02 Results of Operations and Financial Condition.

On May 24, 2010, DayStar Technologies, Inc. issued a press release announcing its results for the first quarter of 2010 ended March 31, 2010. A copy of the press release concerning these results is furnished herewith as Exhibit 99.1 and is incorporated by reference.

Pursuant to General Instruction B.2 of Form 8-K, this exhibit is “furnished” and not “filed” for purposes of Section 18 of the Securities Exchange Act of 1934.

 

Item 9.01 Financial Statements and Exhibits.

 

(d) Exhibits

 

Exhibit

No.

  

Title

99.1    DayStar Technologies, Inc. press release dated May 24, 2010 entitled “DayStar Technologies Announces 2010 First Quarter Financial Results”

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 hereunto duly authorized.

 

DAYSTAR TECHNOLOGIES, INC.

/s/    M AGNUS R YDE        

Magnus Ryde
Chief Executive Officer

Dated: May 24, 2010

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