- Current report filing (8-K)
July 17 2009 - 4:25PM
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):
July 16, 2009
BIOPURE CORPORATION
(Exact name of registrant as specified in its charter)
|
|
|
|
|
DELAWARE
|
|
000-15167
|
|
04-2836871
|
(State or other jurisdiction
of incorporation)
|
|
(Commission File Number)
|
|
(IRS Employer
Identification No.)
|
11 HURLEY STREET
CAMBRIDGE, MA 02141
(Address of principal executive offices and zip code)
(617) 234-6500
(Registrants telephone number, including area code)
Check the appropriate box below if the Form 8-K
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(d))
|
¨
|
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
.
In connection the Companys previously disclosed bankruptcy filing, on July 16, 2009 the Company entered into an asset purchase agreement with
OPK Biotech LLC (the Purchase Agreement) for the sale of substantially all of its assets. Under the terms of the agreement, OPK Biotech LLC will pay the Company $2.6 million and will provide debtor-in-possession financing up to $500,000.
The sale is subject to customary closing conditions, approval of the Bankruptcy Court and the conduct of a Bankruptcy Court supervised auction process in which the Company will seek competing bids to achieve the highest price possible for its
assets.
ITEM 3.01.
Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing
.
On July 17, 2009, Biopure Corporation (the Company) received notice from The Nasdaq Stock Market (Nasdaq) stating that the
Companys common stock would be delisted from Nasdaq because of concerns arising out of the Companys filing for protection under Chapter 11 of the Bankruptcy Code. According to the notice, trading will be suspended at the opening of
business on July 28, 2009.
The Company does not intend to appeal this decision.
On July 17, 2009, the Company issued a press release announcing its receipt of the Nasdaqs notification. A copy of the press release is
being furnished as Exhibit 99.1 to this report and is incorporated herein by reference.
ITEM 9.01.
Financial Statements and Exhibits
.
99.1 Press Release
issued by the Company on July 17, 2009
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.
|
|
|
|
|
|
|
BIOPURE CORPORATION
|
|
|
|
Date: July 17, 2009
|
|
By:
|
|
/s/ Zafiris G. Zafirelis
|
|
|
|
|
Zafiris G. Zafirelis
|
|
|
|
|
President and Chief Financial Officer
|
EXHIBIT INDEX
|
|
|
Exhibit
Number
|
|
Description
|
99.1
|
|
Press Release issued by Biopure Corporation on July 17, 2009
|
Biopure (MM) (NASDAQ:BPUR)
Historical Stock Chart
From Sep 2024 to Oct 2024
Biopure (MM) (NASDAQ:BPUR)
Historical Stock Chart
From Oct 2023 to Oct 2024