UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 20549
FORM
CURRENT REPORT
Pursuant to Section 13 or 15(d)
of the Securities Exchange Act of 1934
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Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (17 CFR §230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (17 CFR §240.12b-2 of this chapter).
Emerging growth company
If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ☐
Item 8.01. | Other Events |
Zogenix, Inc. (the “Company”) is filing herewith the opinion of Latham & Watkins LLP as an exhibit to its Registration Statement on Form S-3 (Registration No. 333-220759) (the “Registration Statement”) in connection with the possible resale or other disposition from time to time of up to 1,595,025 shares of common stock, $0.001 par value per share, of the Company by the selling stockholders identified in the prospectus supplement dated September 10, 2019 to the prospectus dated October 2, 2017 (collectively, the “Prospectus”) forming part of the Registration Statement. Such resale will be made under the Registration Statement and the Prospectus.
Item 9.01. | Financial Statements and Exhibits |
(d) Exhibits:
Exhibit Number |
Description of Exhibit | |||
5.1 |
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23.1 |
Consent of Latham & Watkins LLP (included in Exhibit 5.1 above) | |||
104 |
Cover Page Interactive Data File (embedded within the Inline XBRL document) |
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.
ZOGENIX, INC. | ||||||
Date: September 10, 2019 |
By: |
/s/ Michael P. Smith | ||||
Name: |
Michael P. Smith | |||||
Title: |
Executive Vice President, Chief Financial Officer, Treasurer and Secretary |