Current Report Filing (8-k)
January 18 2019 - 1:42PM
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): January 18, 2019
DELCATH SYSTEMS, INC.
(Exact name of registrant as specified in its charter)
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Delaware
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001-16133
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06-1245881
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(State or other jurisdiction
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(Commission
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(IRS Employer
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of incorporation)
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File Number)
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Identification No.)
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1633 Broadway, Suite 22C, New York, New York
(Address of principal executive offices)
10019
(Zip code)
(212)
489-2100
(Registrants 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):
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Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
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Soliciting material pursuant to Rule
14a-12
under the Exchange Act (17
CFR
240.14a-12)
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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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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 of1934
(§240.12b-2
of this chapter).
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Emerging growth company
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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 1.02. Termination of a Material Definitive Agreement.
On January 18, 2019, Delcath Systems, Inc. (the Company) terminated the Backstop Commitment Purchase Agreements (the Agreements)
with three institutional investors, by their mutual agreement. The Agreements were terminated as a result of the closing price of the Companys common stock not exceeding the Subscription Price since October 1, 2018, so the Purchasers have
in no way been required to purchase Purchase Shares under Section 9(d) the Backstop Agreements during any period during which the Agreements would have been deemed effective to date.
As of the date of this Current Report on Form
8-K,
the Company has 11,163,954 shares of its common stock outstanding.
SIGNATURE
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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DELCATH SYSTEMS, INC.
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Date: January 18, 2019
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By:
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/s/ Jennifer Simpson
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Name:
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Jennifer Simpson
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Title:
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President and Chief Executive Officer
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