-----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, GtdW8dzhHSe5GlZG25VSh3SBN0Ha2Vl3JCdEWRP1HDYycoM9aguXUnET5Cmn8kzw PH2LEZzbZDgpEDeZXy5k1w== 0001144204-04-000618.txt : 20040127 0001144204-04-000618.hdr.sgml : 20040127 20040126173435 ACCESSION NUMBER: 0001144204-04-000618 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20040120 ITEM INFORMATION: Changes in registrant's certifying accountant ITEM INFORMATION: Financial statements and exhibits FILED AS OF DATE: 20040127 FILER: COMPANY DATA: COMPANY CONFORMED NAME: CYTRX CORP CENTRAL INDEX KEY: 0000799698 STANDARD INDUSTRIAL CLASSIFICATION: BIOLOGICAL PRODUCTS (NO DIAGNOSTIC SUBSTANCES) [2836] IRS NUMBER: 581642750 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-15327 FILM NUMBER: 04544203 BUSINESS ADDRESS: STREET 1: 11726 SAN VICENTE BOULEVARD STREET 2: SUITE 650 CITY: LOS ANGELES STATE: CA ZIP: 90049 BUSINESS PHONE: 310-826-5648 MAIL ADDRESS: STREET 1: 11726 SAN VICENTE BOULEVARD STREET 2: SUITE 650 CITY: LOS ANGELES STATE: CA ZIP: 90049 8-K 1 v01347_8-k.txt 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): January 20, 2004 CytRx Corporation (Exact Name of Registrant as Specified in its Charter) Delaware (State or Other Jurisdiction of Incorporation) 000-15327 58-1642750 - -------------------------------------------------------------------------------- (Commission File Number) (I.R.S. Employer Identification No.) 11726 San Vicente Blvd., Suite 650, Los Angeles, CA 90049 - -------------------------------------------------------------------------------- (Address of Principal Executive Offices) (Zip Code) (310) 826-5648 - -------------------------------------------------------------------------------- Registrant's Telephone Number, Including Area Code - -------------------------------------------------------------------------------- (Former Name or Former Address, if Changed Since Last Report) Item 4. Changes in Registrant's Certifying Accountant. The Audit Committee of the Board of Directors of CytRx Corporation (the "Company") dismissed Ernst & Young LLP ("E&Y") as the Company's independent auditors effective as of January 20, 2004. The reports of E&Y on the Company's financial statements for the two most recent fiscal years audited by E&Y (the fiscal years ended December 31, 2001 and December 31, 2002) did not contain any adverse opinion or disclaimer of opinion and were not qualified or modified as to uncertainty, audit scope or accounting principles. In connection with the audits of the Company's financial statements for each of the two fiscal years ended December 31, 2001 and December 31, 2002, and in the subsequent interim period through January 20, 2004, there were no disagreements with E&Y on any matters of accounting principles or practices, financial statement disclosure or auditing scope and procedures that, if not resolved to the satisfaction of E&Y, would have caused E&Y to make reference to the matter in their report. The Company has requested E&Y to furnish it a letter addressed to the Securities and Exchange Commission stating whether it agrees with the statements contained in this Item 4. A copy of that letter, dated January 26, 2004, confirming E&Y's agreement with those statements, is filed as Exhibit 16 to this Form 8-K. 2 Item 7. Financial Statements, Pro Forma Financial Information and Exhibits. (c) The following exhibits are filed as part of this Current Report on Form 8-K: Exhibit No. Description - ----------- ----------- 16 Letter of Ernst & Young LLP to the Securities and Exchange Commission dated January 26, 2004. 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. CYTRX CORPORATION (Registrant) Date: January 26, 2004 By: /s/ Steven A. Kriegsman --------------------------------- Name: Steven A. Kriegsman Title: Chief Executive Officer 3 EXHIBIT INDEX Exhibit No. Description - ----------- ----------- 16 Letter of Ernst & Young LLP to the Securities and Exchange Commission dated January 26, 2004. EX-16 3 v01347_ex-16.txt EXHIBIT 16 January 26, 2004 Securities and Exchange Commission 450 Fifth Street, N.W. Washington, D.C. 20549 Gentlemen: We have read Item 4 of Form 8-K dated January 26, 2004, of CytRx Corporation and are in agreement with the statements contained therein. Very truly yours, /s/ Ernst & Young LLP - --------------------- Ernst & Young LLP -----END PRIVACY-ENHANCED MESSAGE-----