0001193125-13-184473.txt : 20130430 0001193125-13-184473.hdr.sgml : 20130430 20130430080035 ACCESSION NUMBER: 0001193125-13-184473 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20130429 ITEM INFORMATION: Other Events FILED AS OF DATE: 20130430 DATE AS OF CHANGE: 20130430 FILER: COMPANY DATA: COMPANY CONFORMED NAME: HYPERION THERAPEUTICS INC CENTRAL INDEX KEY: 0001386858 STANDARD INDUSTRIAL CLASSIFICATION: PHARMACEUTICAL PREPARATIONS [2834] IRS NUMBER: 611512713 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-35614 FILM NUMBER: 13794417 BUSINESS ADDRESS: STREET 1: 601 GATEWAY BLVD. STREET 2: SUITE 200 CITY: SOUTH SAN FRANCISCO STATE: CA ZIP: 94080 BUSINESS PHONE: 650-745-7802 MAIL ADDRESS: STREET 1: 601 GATEWAY BLVD. STREET 2: SUITE 200 CITY: SOUTH SAN FRANCISCO STATE: CA ZIP: 94080 8-K 1 d529373d8k.htm FORM 8-K Form 8-K

 

 

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, 2013

 

 

HYPERION THERAPEUTICS, INC.

(Exact Name of Registrant as Specified in Charter)

 

 

 

Delaware   001-35614   61-1512713

(State or Other Jurisdiction

of Incorporation)

  

(Commission

File Number)

  

(I.R.S. Employer

Identification No.)

601 Gateway Boulevard, Suite 200

South San Francisco, California 94080

(Address of principal executive offices, zip code)

Registrant’s telephone number, including area code: (650) 745-7802

(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):

 

¨ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

¨ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

 

 

Item 8.01. Other Events.

On April 29, 2013, Hyperion Therapeutics, Inc. (the “Company”) exercised its option to acquire BUPHENYL® (sodium phenylbutyrate) and AMMONUL® (sodium phenylacetate and sodium benzoate) from Valeant Pharmaceuticals International, Inc. (“Valeant”) pursuant to an Amended and Restated Collaboration Agreement between the Company and Ucyclyd Pharma, Inc., (now a subsidiary of Valeant) dated March 22, 2012 (the “Collaboration Agreement”). Pursuant to the Collaboration Agreement, Valeant has 20 days to formally notify the Company whether it intends to retain rights to AMMONUL. If Valeant elects not to retain AMMONUL, the Company is obligated to pay $22 million, plus subsequent milestone and royalty payments, to Valeant. To fund this upfront payment, the Company may choose to draw on a loan commitment from Valeant, which would be payable over eight quarters. If Valeant elects to retain AMMONUL, Valeant must pay the Company $13 million upon close of the transaction, and the Company is obligated to pay subsequent milestone and royalty payments to Valeant.

SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 

Dated: April 29, 2013  

Hyperion Therapeutics, Inc.

  By:  

/s/ Jeffrey S. Farrow

    Jeffrey S. Farrow
    Chief Financial Officer