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
April
28, 2010
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:
¨ 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 27, 2010, Discovery
Laboratories, Inc. (the “Company”) issued a press release reporting on the
results of operations for the quarter ended March 31, 2010 and providing an
update on certain business matters. On April 28, 2010 the Company held a
conference call to discuss the foregoing. The press
release was attached as an exhibit to a Current Report on Form 8-K filed April
28, 2010 with the Securities and Exchange Commission
During the conference call, the Company
reported that, as of March 31, 2010, cash and marketable securities totaled
$24.17 million. Additionally, the Company indicated that its net cash
outflow for the second quarter of 2010 (ending June 30th) is
anticipated to be approximately $6 million, before taking into account (i) a
payment of approximately $6.6 million to PharmaBio Development Inc.
(“PharmaBio,” a former strategic investing subsidiary of Quintiles Transnational
Corp.) in connection with the restructuring of an outstanding debt
owed by the Company to PharmaBio, and (ii) net proceeds of
approximately $2.1 million from the sale of Company securities to PharmaBio
(pursuant to a Securities Purchase Agreement that provides that such transaction
will close on April 30, 2010).
Item
9.01. Financial Statements and
Exhibits.
None
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.
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Discovery
Laboratories, Inc.
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|
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By:
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/s/ W. Thomas Amick
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Name:
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W.
Thomas Amick
|
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Title:
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Chief
Executive Officer
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Date:
April 29, 2010