e8vk
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: March 26, 2007
(Date of Earliest Event Reported)
Akorn, Inc.
(Exact Name of Registrant as Specified in its Charter)
|
|
|
|
|
Louisiana
(State or other
Jurisdiction of
Incorporation)
|
|
0-13976
(Commission
File Number)
|
|
72-0717400
(I.R.S. Employer
Identification No.) |
2500 MILLBROOK DRIVE
BUFFALO GROVE, ILLINOIS 60089
(Address of principal executive offices, zip code)
(847) 279-6100
(Registrants telephone number, including area code)
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):
o Written communication pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o Pre-commencement communication pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
o Pre-commencement communication pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.
13e-4(c))
Item 1.01 Entry into a Material Definitive Agreement.
On March 26, 2007, Akorn, Inc. (Akorn) entered into an Exclusive Distribution Agreement
dated as of March 22, 2007 (the Agreement) with the University of Massachusetts, as represented
by the Massachusetts Biological Laboratories (MBL), pursuant to which, among other things, (i)
MBL appointed and Akorn accepted appointment as the exclusive distributor of MBLs Tetanus
Diphtheria vaccine, 15 dose/vial and preservative free Tetanus Diphtheria vaccine, 1 dose/vial
(the Product) within the United States and Puerto Rico beginning on September 1, 2007, and ending
on June 30, 2010, and (ii) Akorn agreed to purchase a certain minimum amount of doses of the
Product during the term of the Agreement on the schedule provided therein.
The description of the Agreement herein is only a summary and is qualified in its entirety by
the full text of such document, which is filed as an exhibit hereto and is incorporated by
reference herein.
Item 9.01 FINANCIAL STATEMENTS AND EXHIBITS.
(d) Exhibits.
|
|
|
10.1 |
|
Exclusive Distribution Agreement dated March 22, 2007 between
Akorn, Inc. and the University of Massachusetts, as represented by the
Massachusetts Biological Laboratories. * |
* Confidential Treatment Requested for portions of this exhibit Under 17 C.F.R. §§ 200.80(b)(4) and
240.24b-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.
|
|
|
|
|
|
Akorn, Inc.
|
|
|
By: |
/s/ Jeffrey A. Whitnell
|
|
|
|
Jeffrey A. Whitnell |
|
|
|
Chief Financial Officer, Treasurer
and Secretary |
|
|
Date: March 28, 2007