8-K 1 f40227e8vk.htm 8-K e8vk
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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): April 29, 2008
Cardica, Inc.
(Exact name of registrant as specified in its charter)
         
Delaware   000-51772   94-3287832
         
(State or other jurisdiction   (Commission   (IRS Employer
of incorporation)   File Number)   Identification No.)
     
900 Saginaw Drive, Redwood City, CA   94063
     
(Address of principal executive offices)   (Zip Code)
Registrant’s telephone number, including area code: (650) 364-9975
(Former name or former address, if changed since last report.)
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 communications 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 communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
o   Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
 
 

 

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Item 8.01. Other Events.
Item 9.01. Financial Statements and Exhibits.
SIGNATURES
INDEX OF EXHIBITS
EXHIBIT 5.1

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Item 8.01.   Other Events.
On April 29, 2008, Cardica, Inc. (the “Company”) entered into a Settlement Agreement with Vital Access Corporation (“Vital Access”) pursuant to which the Company expects to issue 60,000 shares of its Common Stock to Vital Access. The offering is being made pursuant to the Company’s effective shelf registration statement on Form S-3 (Registration No. 333-146708) previously filed with the Securities and Exchange Commission (the “SEC”), including a related prospectus dated October 19, 2007, as supplemented by a Prospectus Supplement dated April 29, 2008, which the Company filed with the SEC pursuant to Rule 424(b)(5) under the Securities Act of 1933, as amended.
The opinion of counsel regarding the validity of the common stock to be issued by the Company pursuant to the offering described in the foregoing paragraph is filed as Exhibit 5.1 hereto.
Item 9.01.   Financial Statements and Exhibits.
(d) Exhibits.
     
Exhibit No.   Description
   
 
5.1  
Opinion of Cooley Godward Kronish LLP.
23.1  
Consent of Cooley Godward Kronish LLP (contained in Exhibit 5.1).

 

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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.
         
  Cardica, Inc.
(Registrant)
 		  
April 29, 2008  /s/  Robert Y. Newell  
  Robert Y. Newell, Chief Financial Officer   
     
 

 

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INDEX OF EXHIBITS
     
Exhibit No.   Description
   
 
5.1  
Opinion of Cooley Godward Kronish LLP.
23.1  
Consent of Cooley Godward Kronish LLP (contained in Exhibit 5.1).