Current Report Filing (8-k)
May 13 2020 - 4:11PM
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 13, 2020
___________________________________________________________
ACURA PHARMACEUTICALS, INC.
(Exact Name of Registrant as specified in
its Charter)
___________________________________________________________
New York
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1-10113
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11-0853640
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(State of Other Jurisdiction
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(Commission File Number)
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(I.R.S. Employer
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of Incorporation)
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Identification Number)
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616 N. North Court, Suite 120
Palatine, Illinois 60067
(847)
705-7709
(Address, Including Zip Code, and Telephone
Number, Including Area Code, of Registrant’s Principal Executive Offices)
Securities registered pursuant to Section 12(b) of the Act:
Title of each class
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Trading Symbol(s)
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Name of each exchange on which registered
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Common Stock, $0.01 par value
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ACUR
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OTCQB Market
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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):
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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 (17CFR240.14d- 2(b))
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¨ Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17CFR 240.13e- 4(c))
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. ¨
Item 8.01 – Other Events
EXTENSION OF TIME TO FILE THE COMPANY’S
QUARTERLY REPORT ON FORM 10-Q FOR THE THREE MONTHS ENDED MARCH 31, 2020 PURSUANT TO SECURITIES AND EXCHANGE COMMISSION ORDER [RELEASE
NO. 34-88465 / MARCH 25, 2020] UNDER SECTION 36 OF THE SECURITIES EXCHANGE ACT OF 1934 MODIFYING EXEMPTIONS FROM THE REPORTING
AND PROXY DELIVERY REQUIREMENTS FOR PUBLIC COMPANIES AS RELIEF PROVIDED TO REGISTRANTS OR OTHER PERSONS IMPACTED BY COVID-19 FROM
MARCH 1, 2020 TO JULY 1, 2020.
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1.
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The
Company is relying on the Order (Release No. 34-88465) for the extension of up to 45 days after the required filing date of May
15, 2020;
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2.
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The
Company is not in a position to file its Quarterly Report on Form 10-Q for the three months ended March 31, 2020 (the “Quarterly
Report”) in a timely manner (by the May 15, 2020 due date) as there is a delay in obtaining certain information
necessary from its LTX-03 contract manufacturer because of the ongoing coronavirus (COVID-19) pandemic, in order for the Company
to complete its financial statement footnote disclosures;
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3.
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Although
the Company is relying on, and may ultimately require the full 45 days of relief, which may be necessary if the COVID-19 pandemic
continues to impose additional burdens and delays on obtaining the information for financial disclosure from its contract manufacturer,
it is anticipated that the Quarterly Report, will be filed on or before June 15, 2020;
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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 thereunto duly authorized.
Date: May 13, 2020
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ACURA PHARMACEUTICALS, INC.
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By:
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/s/ Peter A. Clemens
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Peter A. Clemens
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Senior Vice President & Chief Financial Officer
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Acura Pharmaceuticals (CE) (USOTC:ACUR)
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