8-K 1 htm_24288.htm LIVE FILING Inhibitex, Inc. (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 6, 2007

Inhibitex, Inc.
__________________________________________
(Exact name of registrant as specified in its charter)

     
Delaware 0-50772 742708737
_____________________
(State or other jurisdiction
_____________
(Commission
______________
(I.R.S. Employer
of incorporation) File Number) Identification No.)
      
9005 Westside Parkway, Alpharetta, Georgia   30004
_________________________________
(Address of principal executive offices)
  ___________
(Zip Code)
     
Registrant’s telephone number, including area code:   678-746-1100

Not Applicable
______________________________________________
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 5.03 Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year.

The Board of Directors of Inhibitex, Inc.(the "Company") amended Article VI of the Company’s By-laws (the "By-laws"), effective as of December 6, 2007, to allow for the issuance of uncertified shares. By being able to issue uncertified shares, the Company is now eligible to participate in the Direct Registration System, as required by The NASDAQ Stock Market LLC. The Direct Registration System, which is currently administered by The Depository Trust Company, allows investors to have securities registered in their names without the issuance of physical certificates and allows investors to electronically transfer securities to broker-dealers in order to effect transactions without the risks and delays associated with transferring physical certificates. The amendment to the By-laws also provides that each registered stockholder shall be entitled to a stock certificate upon written request to the transfer agent or registrar of the Company.

The full text of the Amended and Restated By-laws, is filed as an Exhibit to this Current Report.






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.

         
    Inhibitex, Inc.
          
December 10, 2007   By:   Russell H. Plumb
       
        Name: Russell H. Plumb
        Title: Chief Executive Officer


Exhibit Index


     
Exhibit No.   Description

 
99.1
  Amended and Restated By-Laws, dated as of December 6, 2007.