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Washington, D.C. 20549




(Amendment No. 1) 



Pursuant to Section 13 OR 15(d) of The Securities Exchange Act of 1934


Date of Report (Date of earliest event reported): June 30, 2023  




(Exact name of registrant as specified in its charter)


Delaware 001-34887 86-3289406
(State or other jurisdiction of
(Commission File Number) (IRS Employer Identification No.)


1405 Pioneer Street, Brea, California 92821

(Address, including zip code, of principal executive offices)


Registrant’s telephone number, including area code (714) 613-1900  


(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))


Securities registered pursuant to Section 12(b) of the Act:

Title of each class Trading symbol(s) Name of each exchange on which registered
Common Stock, par value $0.001 MULN The Nasdaq Stock Market, LLC (Nasdaq Capital Market)



Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (17 CFR §230.405) or Rule 12b-2 of the Securities Exchange Act of 1934 (17 CFR §240.12b-2).


Emerging growth company ¨


If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ☐








This Amendment No. 1 to the Current Report on Form 8-K (this “report”) amends the Current Report on Form 8-K of Mullen Automotive Inc. filed with the Securities and Exchange Commission (“SEC”) on June 30, 2023 (the “Original Report”).  This amendment to the Original Report is being filed solely to clarify the description of factors that could cause actual results to differ materially from forward-looking statements made or incorporated into the Original Report.  These clarifications are as follows:


·The Company sold 22 EV cargo vans to the Randy Marion Automotive Group, the Company's authorized distributor of commercial EVs in the United States, as previously announced by press release on June 29, 2023;
·The Company has completed all outstanding obligations to issue Series D Preferred Stock, as previously announced in its Form 8-K filed with the SEC on June 26, 2023, and the Company no longer has any outstanding convertible notes; and
·The Company had a cash position of $135 million as of June 13, 2023, as previously announced by press release on June 22, 2023.


Item 7.01.Regulation FD Disclosure.


On June 30, 2023, Mullen Automotive Inc. (the “Company”) announced the availability of a new interview with David Michery, the Company’s Chief Executive Officer, wherein he discussed, among other things, the production of vehicles, gave guidance for 2023, and answered questions from Calum Rodger on Financial Journey, a channel on YouTube. The interview can be found at the following link and is incorporated herein by reference: https://youtu.be/wAMqLXUND58.


The information furnished with this Item 7.01, shall not be deemed “filed” for purposes of Section 18 of the Exchange Act, or otherwise subject to the liabilities of that section, nor shall it be deemed incorporated by reference in any filing under the Securities Act or the Exchange Act, regardless of any general incorporation language in such filing.





Forward-Looking Statements


This Current Report on Form 8-K contains forward-looking statements that involve substantial risks and uncertainties. The words “anticipate,” “believe,” “estimate,” “expect,” “intend,” “may,” “plan,” “predict,” “project,” “target,” “potential,” “will,” “would,” “could,” “should,” “continue,” and similar expressions are intended to identify forward-looking statements, although not all forward-looking statements contain these identifying words. These statements involve known and unknown risks, uncertainties and other important factors that may cause our actual results, performance or achievements to be materially different from any future results, performance or achievements expressed or implied by the forward-looking statements. Important factors that could cause actual results to differ materially from the forward-looking statements we make in this Current Report include risks and uncertainties, including, but are not limited to, those listed under “Risk Factors” in Part I, Item 1A of the Company’s Annual Report on Form 10-K for the fiscal year September 30, 2022, the Company’s Quarterly Reports on Form 10-Q and Current Reports on Form 8-K.  These forward-looking statements are only predictions and we may not actually achieve the plans, intentions or expectations disclosed in our forward-looking statements, so you should not place undue reliance on our forward-looking statements. We have based these forward-looking statements largely on our current expectations and projections about future events and trends that we believe may affect our business, financial condition and operating results. If one or more of these or other risks or uncertainties materializes, or if our underlying assumptions prove to be incorrect, actual results may vary materially from what we anticipate. We undertake no obligation to publicly update or review any forward-looking statement, whether as a result of new information, future developments or otherwise.







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.


Date: June 30, 2023 By: /s/ David Michery
    David Michery
    Chief Executive Officer