- Current report filing (8-K)
22 Outubro 2010 - 7:06PM
Edgar (US Regulatory)
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): October 22, 2010
MOLECULAR INSIGHT
PHARMACEUTICALS, INC.
(Exact Name of Registrant as Specified in Charter)
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Massachusetts
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001-33284
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04-0562086
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(State or Other Jurisdiction
of Incorporation)
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(Commission
File Number)
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(IRS Employer
Identification No.)
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160 Second Street, Cambridge,
Massachusetts 02142
(Address of Principal Executive Offices, Including Zip Code)
(617) 492-5554
(Registrants Telephone Number, Including Area Code)
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 (
see
General Instruction A.2. below):
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Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
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Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
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Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
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Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
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Item 7.01.
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Regulation FD Disclosure.
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On October 22, 2010, Molecular Insight Pharmaceuticals, Inc. (the
Company
) issued a press release announcing the
receipt of the extension described in Item 8.01. The press release is furnished with this report as Exhibit 99.1 to this Form 8-K.
Exhibit 99.1 shall not be deemed filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the
Exchange Act
), or otherwise subject to the
liabilities under that Section and shall not be deemed to be incorporated by reference into any filing of the Company under the Securities Act of 1933, as amended, or the Exchange Act.
The
Company previously reported that it entered into a Limited Waiver Agreement with holders of the Companys outstanding Senior Secured Floating Rate Bonds due 2012 (the
Bonds
) and the Bond Indenture trustee and amendments
thereto, under which the holders of the Bonds and Bond Indenture trustee have agreed to waive the default arising from the inclusion of a going concern explanatory paragraph in the independent auditors report, any default arising
from the Companys failure to comply with the minimum liquidity requirements set forth in the Bond Indenture, and other technical defaults under the Bond Indenture.
On October 22, 2010, the Company received a further extension of the waiver pursuant to which the holders of the Bonds and Bond Indenture trustee have agreed to continue waiving the aforementioned
defaults until 11:59 PM Eastern Standard Time on November 3, 2010, subject to earlier termination upon certain circumstances. During this extension period, the Company will continue discussing with its Bond holders various proposals. There are
no assurances, however, that such discussions will be successful.
The waiver continues to be subject to a number of terms and
conditions. In the event that the waiver extension expires or terminates prior to the successful conclusion of the Companys negotiations with Bond holders regarding the restructuring of the outstanding debt, then the Company will be in default
of its obligations under the Bond Indenture and the Bond holders may choose to accelerate the debt obligations under the Bond Indenture and demand immediate repayment in full and seek to foreclose on the collateral supporting such obligations. If
the Companys debt obligations are accelerated or are not restructured on acceptable terms, it is likely the Company will be unable to repay such obligations and may seek protection under the U.S. Bankruptcy Code or similar relief.
Item 9.01. Financial Statements and Exhibits.
(d)
Exhibits
.
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99.1
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Press Release of Molecular Insight Pharmaceuticals, Inc., dated October 22, 2010.
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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, on the 22nd day of October, 2010.
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MOLECULAR INSIGHT PHARMACEUTICALS, INC.
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By:
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/
S
/ C
HARLES
H. A
BDALIAN
,
J
R
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Name:
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Charles H. Abdalian, Jr.
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Title:
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Chief Financial Officer
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3
Exhibit Index to
Current Report on Form 8-K
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Exhibit
Number
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Exhibit Description
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99.1
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Press Release of Molecular Insight Pharmaceuticals, Inc., dated October 22, 2010.
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4
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