================================================================================ 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): SEPTEMBER 25, 2003 ------------------- AKORN, INC. (Exact name of registrant as specified in its charter) LOUISIANA 0-13976 72-0717400 (State or other jurisdiction (Commission (IRS Employer of incorporation) File Number) Identification No.) 2500 MILLBROOK DRIVE BUFFALO GROVE, ILLINOIS 60089 (Address of principal executive offices) Registrant's telephone number, including area code: (847) 279-6100 NOT APPLICABLE (Former name or former address, if changed since last report) ================================================================================ ITEM 5. OTHER EVENTS AND REQUIRED FD DISCLOSURE. Akorn, Inc. ("Akorn") is filing herewith as Exhibit 99.1 its press release, dated September 25, 2003, announcing that it had entered into a Preferred Stock and Note Purchase Agreement with a group of inside and outside investors, including Dr. John Kapoor and Arjun Waney. ITEM 7. FINANCIAL STATEMENTS, PRO FORMA FINANCIAL INFORMATION AND EXHIBITS. (c) Exhibits. The following exhibit is filed with this report: Exhibit No. Description of Exhibit -------------- ------------------------ 99.1 Press Release issued by Akorn, Inc., dated September 25, 2003. 99.2 Notice to Shareholders of Akorn, Inc., dated September 25, 2003. 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/ ARTHUR S. PRZYBYL --------------------- Arthur S. Przybyl Chief Executive Officer Date: September 29, 2003 EXHIBIT INDEX Exhibit No. Description of Exhibit -------------- ------------------------ 99.1 Press Release issued by Akorn, Inc., dated September 25, 2003. 99.2 Notice to Shareholders of Akorn, Inc., dated September 25, 2003.