Current Report Filing (8-k)
June 07 2018 - 6:06AM
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): May 31, 2018
NEKTAR
THERAPEUTICS
(Exact
Name of Registrant as Specified in Charter)
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Delaware
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0-24006
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94-3134940
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(State
or Other Jurisdiction
of
Incorporation)
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(Commission
File
Number)
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(IRS
Employer
Identification
No.)
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455
Mission Bay Boulevard South
San
Francisco, California 94158
(Address
of Principal Executive Offices and Zip Code)
Registrant’s
telephone number, including area code: (415) 482-5300
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:
☐
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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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Indicate
by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405
of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).
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. ☐
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Item 1.01
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Entry
into a Material Definitive Agreement.
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On
May 31, 2018, we entered into an Office Lease (“Lease”) with Kilroy Realty Finance Partnership, L.P. for a total of
approximately 135,936 square feet of space located at 360 Third Street, San Francisco, California (the “Third Street Location”).
The leased space will be delivered to us in seven phases, with delivery of the first phase of space (“Phase I Premises”)
approximately upon the execution and delivery of the Lease and the delivery of the final phase of space anticipated to occur in
November 2019.
The
term of the Lease will commence on the earlier of (i) the date upon which we first commence to conduct business in the Phase
I Premises and (ii) four months following the date the Phase I Premises are delivered to us, and will expire on January 31, 2030,
subject to our right to extend the term of the Lease for one five-year period.
The
annual base rent for the leased space at the Third Street Location is $80 per rentable square foot on an industrial gross basis.
When we take possession of all seven phases of space provided by the Lease (anticipated to occur around February 1, 2020), the
monthly base rent for the Third Street Location will be $906,240, which will escalate each year over the term at an annual rate
of increase of three percent (3%). During the term of the Lease, we are responsible for paying our share of operating expenses
specified in the Lease, including insurance costs and taxes. We have a one-time right of first offer with respect to certain additional
rental space at the Third Street Location. The Lease includes various covenants, indemnities, defaults, termination rights, security
deposits and other provisions customary for lease transactions of this nature.
The
foregoing summary is qualified in its entirety by reference to the Lease, a copy of which is to be filed as an exhibit to our
Quarterly Report on Form 10-Q for the period ended June 30, 2018.
SIGNATURES
Pursuant
to the requirement of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf
by the undersigned thereunto duly authorized.
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By:
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/s/
Mark A. Wilson
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Mark
A. Wilson
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General
Counsel and Secretary
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Date:
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June
6, 2018
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