-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, Usu1aJEwPuqzux+h8EIUybun6o6Qu/oWn/w49G6OzACDA63aA298M79R6ZmtPYfj VzxjaArjKJCrSnOFfircjA== 0000950137-03-003712.txt : 20030707 0000950137-03-003712.hdr.sgml : 20030704 20030707170247 ACCESSION NUMBER: 0000950137-03-003712 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20030703 ITEM INFORMATION: Other events ITEM INFORMATION: Financial statements and exhibits FILED AS OF DATE: 20030707 FILER: COMPANY DATA: COMPANY CONFORMED NAME: AKORN INC CENTRAL INDEX KEY: 0000003116 STANDARD INDUSTRIAL CLASSIFICATION: PHARMACEUTICAL PREPARATIONS [2834] IRS NUMBER: 720717400 STATE OF INCORPORATION: LA FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-13976 FILM NUMBER: 03777365 BUSINESS ADDRESS: STREET 1: 100 TRI STATE INTERNATIONAL STREET 2: SUITE 100 CITY: LINCOLNSHIRE STATE: IL ZIP: 60069 BUSINESS PHONE: 8472363800 MAIL ADDRESS: STREET 1: 100 TRI STATE INTERNATIONAL STREET 2: SUITE 100 CITY: LINCOLNSHIRE STATE: IL ZIP: 60069 8-K 1 c78116e8vk.txt CURRENT REPORT 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): JULY 3, 2003 ------------------- AKORN, INC. (Exact name of registrant as specified in its charter) LOUISIANA 0-13976 72-0717400 (State or other jurisdiction (Commission (IRS Employer of incorporation) File Number) Identification No.) 2500 MILLBROOK DRIVE BUFFALO GROVE, ILLINOIS 60089 (Address of principal executive offices) Registrant's telephone number, including area code: (847) 279-6100 NOT APPLICABLE (Former name or former address, if changed since last report) - -------------------------------------------------------------------------------- ITEM 5. OTHER EVENTS AND REQUIRED FD DISCLOSURE. Akorn, Inc. ("Akorn") is filing herewith as Exhibit 99.1 its press release, dated July 3, 2003, announcing the intention of Akorn's senior lenders, subject to a number of conditions, to extend the expiration date of the Forbearance Agreement relating to Akorn's senior debt from June 30, 2003 until July 31, 2003 and to make up to an additional $1,000,000 available to Akorn under its current line of credit. ITEM 7. FINANCIAL STATEMENTS, PRO FORMA FINANCIAL INFORMATION AND EXHIBITS. (c) Exhibits. The following exhibit is filed with this report: Exhibit No. Description of Exhibit 99.1 Press Release issued by Akorn, dated July 3, 2003. - -------------------------------------------------------------------------------- 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. AKORN, INC BY: /s/ ARTHUR S. PRYZBYL --------------------- Arthur S. Pryzbyl Chief Executive Officer Date: July 7, 2003 EXHIBIT INDEX EXHIBIT NO. DESCRIPTION OF EXHIBIT 99.1 Press Release issued by Akorn, dated July 3, 2003. EX-99.1 3 c78116exv99w1.txt PRESS RELEASE DATED JULY 3, 2003 At the Company: At In-Site Communications, Inc. Ben J. Pothast Lisa M. Wilson Chief Financial Officer Investor Relations (847) 279-6100 (212) 759-3929 FOR IMMEDIATE RELEASE AKORN UPDATES STATUS OF FORBEARANCE AGREEMENT BUFFALO GROVE, IL, JULY 3, 2003 -- AKORN, INC. (AKRN) today announced that its senior lenders have indicated their intention to extend the expiration date of the Forbearance Agreement relating to Akorn's senior debt from June 30, 2003 until July 31, 2003 and to make up to an additional $1,000,000 available to Akorn under its current line of credit. The formal extension of the Forbearance Agreement and increase of the line of credit are subject to a number of conditions, including the completion of definitive documentation for the extension and increase and the absence of any additional defaults by Akorn under its senior debt agreements. The Forbearance Agreement was originally executed in September 2002 following a default by Akorn on principal and interest payments due on August 31, 2002. The Forbearance Agreement, as amended and extended, provides that the senior lenders will forbear from exercising their remedies as a result of existing defaults by Akorn until the earlier of the expiration date and the occurrence of any additional defaults by Akorn under its senior debt agreements. The Forbearance Agreement also provides for a revolving line of credit that currently allows Akorn to borrow up to $1,750,000. The proposed amendments would extend the expiration date until July 31, 2003 and increase the maximum amount available under the line of credit from $1,750,000 to $2,750,000. Akorn's sales levels were lower than expected in April, May and June, which resulted in reduced collections from receivables in the latter part of the second quarter and is expected to continue to negatively impact cash flow in July and August. Even if the increased availability under the line of credit is finalized, there can be no assurance that the line of credit, together with cash generated from operations, will be sufficient to meet the cash requirements for operating Akorn's business. ABOUT AKORN, INC. Akorn, Inc. manufactures and markets sterile specialty pharmaceuticals, and markets and distributes an extensive line of pharmaceuticals and ophthalmic surgical supplies and related products. Additional information is available on the Company's website at www.akorn.com. Any statements made by Akorn, Inc. ("we", "us", "our", or the "Company") in this press release that are forward looking are made pursuant to the safe harbor provisions of the private Securities Litigation Reform Act of 1995. The Company cautions readers that important factors may affect the Company's actual results and could cause such results to differ materially from forward-looking statements made by or on behalf of the Company. Such factors include, but are not limited to, risks and uncertainties relating to (i) difficulties or delays in restructuring or refinancing the Company's senior bank debt, (ii) the ability to generate cash from operations sufficient to meet the Company's working capital requirements, (iii) the necessity of complying with various regulatory procedures in the manufacture of drug products, (iv) the Company's ability to acquire, develop, finance, test, produce and market new products, including the availability of materials to produce products, (v) the resolution of the FDA compliance issues at the Company's Decatur, Illinois manufacturing facility and the outcome of other legal proceedings involving the Company, (vi) patent protection for the Company's intellectual property or trade secrets, and (vii) other risks detailed from time to time in filings the Company makes with the Securities and Exchange Commission including, but not limited to, those risks referenced under the caption "Factors That May Affect Future Results" in Item 7 of the Company's Annual Report on Form 10-K for the fiscal year ended December 31, 2002. -----END PRIVACY-ENHANCED MESSAGE-----