8-K/A 1 v110439_8ka.htm Unassociated Document
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
___________________________
 
FORM 8-K/A

CURRENT REPORT

Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934
 
March 28, 2008
Date of Report (Date of earliest event reported)
 
Discovery Laboratories, Inc.
(Exact name of Registrant as specified in its charter)
 
Delaware
000-26422
94-3171943
(State or other jurisdiction
of incorporation)
(Commission File Number)
(IRS Employer
Identification Number)
 
2600 Kelly Road, Suite 100
Warrington, Pennsylvania 18976
(Address of principal executive offices)
 
(215) 488-9300
(Registrant's telephone number, including area code)

 
(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:

o
Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o
Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o
Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
o
Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 
 

 

Item 1.01.
Amendment of a Material Agreement.

On April 3, 2008, Discovery Laboratories, Inc. (the “Company”) filed a current report on Form 8-K (the “Initial Report”) regarding the entry into an Amended and Restated License Agreement with Philip Morris USA Inc., d/b/a Chrysalis Technologies. The Company is filing this amendment solely to attach the April 2, 2008 Press Release referenced as Exhibit 99.1 to the Initial Report. The Press Release is filed as Exhibit 99.1 to this report and incorporated herein by reference.
 
 
Cautionary Note Regarding Forward-looking Statements:
 
To the extent that statements in this Current Report on Form 8-K are not strictly historical, including statements as to business strategy, outlook, objectives, future milestones, plans, intentions, goals, future financial conditions, future collaboration agreements, the success of the Company’s product development or otherwise as to future events, such statements are forward-looking, and are made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. The forward-looking statements contained in this Current Report are subject to certain risks and uncertainties that could cause actual results to differ materially from the statements made. Such risks and others are further described in the Company's filings with the Securities and Exchange Commission including the most recent reports on Forms 10-K, 10-Q and 8-K, and any amendments thereto.

Item 9.01.
Financial Statements and Exhibits.

 
(d)
Exhibits:

 
99.1
Press Release of Discovery Laboratories, Inc., dated April 2, 2008.


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.
 
     
  Discovery Laboratories, Inc.
 
 
 
 
 
 
By:   /s/ Robert J. Capetola
 
Robert J. Capetola, Ph.D.
  President and Chief Executive Officer
 
Date: April 11, 2008