Form 8-K

Keryx Biopharmaceuticals, Inc.

(Registrant)

Date: December 27, 2017

/s/ Brian Adams

Brian Adams

General Counsel and Corporate Secretary

0001193125-17-380125.txt : 20171227 0001193125-17-380125.hdr.sgml : 20171227 20171227163055 ACCESSION NUMBER: 0001193125-17-380125 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20171220 ITEM INFORMATION: Termination of a Material Definitive Agreement FILED AS OF DATE: 20171227 DATE AS OF CHANGE: 20171227 FILER: COMPANY DATA: COMPANY CONFORMED NAME: KERYX BIOPHARMACEUTICALS INC CENTRAL INDEX KEY: 0001114220 STANDARD INDUSTRIAL CLASSIFICATION: PHARMACEUTICAL PREPARATIONS [2834] IRS NUMBER: 134087132 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-30929 FILM NUMBER: 171276397 BUSINESS ADDRESS: STREET 1: ONE MARINA PARK DR. CITY: BOSTON STATE: MA ZIP: 02210 BUSINESS PHONE: 617-466-3500 MAIL ADDRESS: STREET 1: ONE MARINA PARK DR. CITY: BOSTON STATE: MA ZIP: 02210 8-K 1 d419196d8k.htm FORM 8-K Form 8-K

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): December 20, 2017

Keryx Biopharmaceuticals, Inc.

(Exact Name of Registrant as Specified in Charter)

Delaware

000-30929

13-4087132

(State or Other Jurisdiction

of Incorporation)

(Commission

File Number)

(IRS Employer

Identification No.)

One Marina Park Drive, 12^th Floor

Boston, Massachusetts 02210

(Address of Principal Executive Offices)

(617) 466-3500

(Registrant’s telephone number, including area code)

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.

☐	Soliciting material pursuant to Rule 14a-12 under the Exchange Act.

☐	Pre-commencement communications pursuant to Rule 14d-2b under the Exchange Act.

☐	Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act.

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. ☐

Item 1.02.

Termination of a Material Definitive Agreement.

On December 20, 2017, Keryx Biopharmaceuticals, Inc. (the “Company”) and Norwich Pharmaceuticals, Inc. (“NPI”) mutually agreed to terminate, effective as of December 31, 2017, the Manufacturing Services Agreement between the Company and NPI, dated January 17, 2014, as amended by the First Addendum to Manufacturing Services Agreement, dated October 24, 2014, pursuant to which NPI performs certain manufacturing and other services for the Company with respect to converting active pharmaceutical ingredient into Auryxia^® (ferric citrate) tablets.

Patheon Manufacturing Services LLC and certain of its affiliates (collectively, “Patheon”) continue to supply the Company with commercial supplies of Auryxia tablets from Patheon’s Greenville, North Carolina and Bourgoin-Jallieu Cedex, France manufacturing sites under the existing Master Manufacturing Services Agreement and related Product Agreements between the Company and Patheon. We are working with Patheon to have its Whitby, Ontario, Canada manufacturing site approved for Auryxia tablet production.

SIGNATURE

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.