8-K 1 form8-k.htm FORM 8-K form8-k.htm
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): January 31, 2012 (January 28, 2012)


DELCATH SYSTEMS, INC.
(Exact name of registrant as specified in its charter)


Delaware
001-16133
06-1245881
(State or Other Jurisdiction
of Incorporation)
(Commission File Number)
(IRS Employer
Identification Number)

810 Seventh Avenue, 35th Floor, New York, New York, 10019
(Address of principal executive offices, including zip code)

(212) 489-2100
(Registrant’s telephone number, including area code)

NONE
(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))
 

 
 

 


 
Item 1.01 Entry into a Material Definitive Agreement.
 
 
On January 28, 2012, Delcath Systems, Inc. (the “Company”) entered into an amendment (“Amendment No. 4”) to the Cooperative Research and Development Agreement (“CRADA”) with the National Cancer Institute (“NCI”). The existing CRADA expired on December 14, 2011, and Amendment No. 4 extends the CRADA for an additional year to December 14, 2012. Under the one year extension, the Company will provide $1,000,000 of additional funding to the NCI for clinical support.
 
 
The foregoing description of Amendment No. 4 is not complete and is qualified in its entirety by reference to the full text of such agreement, a copy of which is filed herewith as Exhibit 10.1 to this Current Report on Form 8-K and is incorporated herein by reference.
 

 
 

 

 
Item 9.01.  Financial Statements and Exhibits.
 
 
The following exhibit is filed herewith:
 
 
(d) Exhibits.
 
Exhibit No.
 
Description
 
10.1
 
Amendment No. 4 to the Cooperative Research and Development Agreement, dated as of January 28, 2012, between Delcath Systems, Inc. and the National Cancer Institute
 

 
 

 

 
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.
 

   
DELCATH SYSTEMS, INC.
 
       
Dated: January 31, 2012
 
By:  
/s/ Peter J. Graham
 
   
Name:  
Peter J. Graham
 
   
Title:  
Executive Vice President,
General Counsel
 
 

 
 

 

 
EXHIBIT INDEX
 
Exhibit No.
 
Description
 
10.1
 
Amendment No. 4 to the Cooperative Research and Development Agreement, dated as of January 28, 2012, between Delcath Systems, Inc. and the National Cancer Institute