Current Report Filing (8-k)
October 06 2016 - 4:34PM
Edgar (US Regulatory)
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)
October
6, 2016 (October 4, 2016)
HEMISPHERX
BIOPHARMA, INC.
(Exact
name of registrant as specified in its charter)
Delaware
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0
-
27072
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52-0845822
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(state
or other juris-
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(Commission
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(I.R.S.
Employer
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diction
of incorporation)
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File
Number)
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(Identification
No.)
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1617
JFK Boulevard, Suite 500, Philadelphia, PA
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19103
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(Address
of principal executive offices)
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(Zip
Code)
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Registrant's
telephone number, including area code:
(215) 988-0080
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1617
JFK Boulevard, Suite 500, Philadelphia, PA 19103
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(Former
name or former address, if changed since last report)
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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):
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☐
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Written
communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
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☐
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Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
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☐
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Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
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☐
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Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
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Item
8.01. Other Events.
After
the final settlement hearing, which occurred on September 29, 2016, the United States District Court for the Eastern District
of Pennsylvania entered a Final Order and Judgment, approving the settlement and awarding the plaintiffs’ counsel $660,000
in attorneys’ fees in the shareholder derivative action, captioned
Zicherman v. Carter, et al.
No Company funds were
used to pay the attorneys’ fees award; the settlement was funded by Hemispherx’s insurance companies. The settlement
does not constitute any admission of fault or wrongdoing by Hemispherx or any of the individual defendants. The settlement also
resolves all claims asserted by the plaintiffs in the related consolidated shareholder derivative action captioned
In re Hemispherx
Biopharma, Inc. Shareholder Derivative Litigation
(Court of Common Pleas of Philadelphia County).
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.
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HEMISPHERX
BIOPHARMA, INC.
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October
6, 2016
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By:
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/s/ Tomas K. Equels
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Thomas
K. Equels, President
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