-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, OhEEEzjUBaxz2SO/oFpUeNpAVM8XYJ1qPNktZfzztrvlpGlupzlct7xUMF6niM+M keBpWBxnedp/MfcAOsLzPg== 0000950115-00-000395.txt : 20000328 0000950115-00-000395.hdr.sgml : 20000328 ACCESSION NUMBER: 0000950115-00-000395 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20000316 ITEM INFORMATION: FILED AS OF DATE: 20000327 FILER: COMPANY DATA: COMPANY CONFORMED NAME: GENEREX BIOTECHNOLOGY CORP CENTRAL INDEX KEY: 0001059784 STANDARD INDUSTRIAL CLASSIFICATION: PHARMACEUTICAL PREPARATIONS [2834] IRS NUMBER: 820490211 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: SEC FILE NUMBER: 000-25169 FILM NUMBER: 578938 BUSINESS ADDRESS: STREET 1: 33 HARBOUR SQ STREET 2: STE 202 CITY: TORONTO ONTARIO CANA STATE: A1 BUSINESS PHONE: 4163642551 MAIL ADDRESS: STREET 1: 33 HARBOUR SQ STREET 2: STE 202 CITY: TORONTO ONTARIO M5J STATE: A1 8-K 1 CURRENT REPORT 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) March 16, 2000 -------------- Generex Biotechnology Corporation ------------------------------------------------------ (Exact name of registrant as specified in its charter) Delaware 000-25169 82-049021 - ---------------------------- ------------ ------------------- (State or other jurisdiction (Commission (IRS Employer of Incorporation) File Number) Identification No.) 33 Harbor Square, Suite 202, Toronto, Ontario Canada M5J 2G2 - ---------------------------------------------------- ---------- (Address of principal executive offices) (Zip Code) Registrant's telephone number, including area code 416/364-2551 ------------ ------------------------------------------------------------- (Former name or former address, if changed since last report) Item 5. Other Events. On March 16, 2000, the Supreme Court of the State of New York, County of New York, granted the petition of Sands Brothers & Co., Ltd. to confirm an award rendered in Sands Brothers' favor on October 1, 1999, in an arbitration conducted under New York Stock Exchange Rule 600(a), and denied our cross motion to vacate the award. The arbitration involved the enforceability of a "Financial Advisory Services" agreement (the "Advisory Agreement") dated October 9, 1997, between Sands Brothers and Generex Pharmaceuticals, Inc., an Ontario corporation which is a wholly owned subsidiary of ours. In addition to monetary damages of $14,070, the award includes a declaratory judgment that we take all necessary action to issue to Sands Brothers a warrant to purchase 1,530,020 shares of our common stock pursuant to and in accordance with the terms of the Advisory Agreement. We intend to appeal the decision, and to date we have made no provision in our financial statements for any loss in this litigation. If we are unsuccessful in our effort to vacate the award and are required to issue warrants or other securities to Sands Brothers under the Advisory Agreement, we will record a charge to operations, and a corresponding increase to Additional Paid in Capital, equal to the fair value of the securities issued less any consideration that we receive for the securities. We do not believe that the final outcome of this case is reasonably likely to have a material adverse effect on our consolidated financial position apart from any charge to operations as described above. 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. GENEREX BIOTECHNOLOGY CORPORATION Dated: March 24, 2000 By: /s/ E. Mark Perri -------------- --------------------------------- E. Mark Perri, Chairman and CFO -----END PRIVACY-ENHANCED MESSAGE-----