8-K 1 del8k_1292002.txt FORM 8-K FOR REPORT DATED DECEMBER 9, 2002 UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, DC 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): December 9, 2002 DELCATH SYSTEMS, INC. (Exact name of registrant as specified in its charter) Delaware 001-16133 06-1245881 (State or other jurisdiction (Commission File Number) (IRS Employer of incorporation) Identification No.) 1100 Summer Street, Stamford, Connecticut 06905 (Address of principal executive offices and zip code) Registrant's telephone number, including area code: (203) 323-8668 N/A (Former name or former address, if changed since last report) Item 5. Other Events and Regulation FD Disclosure On December 9, 2002, Delcath Systems, Inc. (the "Company") issued a press release announcing it has filed a registration statement with the Securities and Exchange Commission for an underwritten public offering of securities in the form of units. Each unit will consist of shares of common stock and warrants to purchase shares of common stock. The Company's press release dated December 9, 2002 is incorporated herein by reference and filed as an exhibit hereto. Item 7. Financial Statements and Exhibits (a) Not applicable (b) Not applicable (c) Exhibits Exhibit No. Description ----------- ----------- 99 Press Release dated December 9, 2002 of Delcath Systems, Inc. 2 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. DELCATH SYSTEMS, INC. By: /s/ M. S. KOLY ------------------------------------ M. S. Koly President and Chief Executive Date: December 13, 2002 Officer 3 EXHIBIT INDEX Exhibit No. Description ----------- ----------- 99 Press Release dated December 9, 2002 of Delcath Systems, Inc.