Form 8-K

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):

August 16, 2004

 

 

Indevus Pharmaceuticals, Inc.

(Exact name of registrant as specified in its charter)

 

 

Delaware   000-18728   04-3047911

(State or other jurisdiction

of incorporation)

   (Commission File Number)  

(IRS Employer

Identification Number)

 

One Ledgemont Center

99 Hayden Avenue

Lexington, Ma 02421-7966            

(Address of principal executive offices)

 

Registrant’s telephone number, including area code:

(781-861-8444)

 

Item 7. Exhibits

 

  99.1 Press Release of the Registrant dated August 16, 2004.

 

Item 12. Results of Operations and Financial Condition

 

The information contained in this report on Form 8-K is being furnished by Indevus Pharmaceuticals, Inc. under Item 12 of Form 8-K. This information shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or incorporated by reference in any filing under the Securities Act of 1933, as amended, or the Exchange Act, except as shall be expressly set forth by specific reference in such a filing.

 

On August 16, 2004, the Company issued a press release announcing its third quarter fiscal 2004 results and the timing of a related conference call. A copy of the press release is attached as Exhibit 99.1 to this report.

 

The exhibit hereto contains forward-looking statements that involve risks and uncertainties that could cause the Company’s actual results and financial condition to differ materially from those anticipated by the forward-looking statements. These risks and uncertainties are set forth in the Company’s filings under the Securities Act of 1933 and the Securities Exchange Act of 1934 under “Risk Factors” and elsewhere, and include, but are not limited to: dependence on the success of SANCTURA; the early stage of products under development; uncertainties relating to clinical trials, regulatory approval and commercialization of our products, particularly SANCTURA; risks associated with contractual agreements, particularly for the manufacturing and co-promotion of SANCTURA; dependence on third parties for manufacturing and marketing; competition; need for additional funds and corporate partners, including for the development of our products; failure to acquire and develop additional product candidates; history of operating losses and expectation of future losses; product liability and insurance uncertainties; risks relating to the Redux-related litigation; limited patent and proprietary rights; dependence on market exclusivity; valuation of our Common Stock; risks related to repayment of debts; risks related to increased leverage; and other risks.

 

– 2 –

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.

 

   

INDEVUS PHARMACEUTICALS, INC.

Dated: August 18, 2004

  

By:

  

/s/ Glenn L. Cooper

       

Glenn L. Cooper, M.D.

       

President, Chief Executive Officer and Chairman

 

– 3 –