8-K 1 a05-7274_18k.htm 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 25, 2005               

 

 

 

Cephalon, Inc.

(Exact Name of Registrant as Specified in Charter)

 

 

 

Delaware

 

  0-19119

 

23-2484489

(State or Other Jurisdiction

 

(Commission

 

(IRS Employer

of Incorporation)

 

File Number)

 

Identification No.)

 

 

 

 

 

41 Moores Road
Frazer, Pennsylvania

 

  19355

(Address of Principal Executive Offices)

 

(Zip Code)

 

 

 

Registrant’s telephone number, including area code     (610) 344-0200

 

 

Not Applicable

(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:

 

¨    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 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 1.01               Entry into a Material Definitive Agreement.

 

                On April 25, 2005, the Registrant and DSM Pharmaceuticals, Inc. executed Amendment No. 6 (“Amendment No. 6”) to the Toll Manufacturing and Packaging Agreement dated August 24, 1999 (the “Agreement”) with respect to PROVIGIL® (modafinil) Tablets [C-IV]. Under Amendment No. 6, the parties agreed to increase the minimum quantities required under the Agreement, extend the term of the Agreement until December 31, 2006 and set the tolling fees for 2006.

 

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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.

 

 

 

 

CEPHALON, INC.

 

 

 

 

 

 

By:

 /s/ J. Kevin Buchi

 

Date: April 26, 2005

 

J. Kevin Buchi

 

 

Sr. Vice President & Chief Financial Officer

 

 

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