- Current report filing (8-K)
July 02 2010 - 9:21AM
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 1, 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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Molecular
Insight Pharmaceuticals, Inc. (the Company) previously reported in its Current Reports on Form 8-K filed with the Securities and Exchange Commission (SEC) that it entered into a Limited Waiver Agreement and three extensions
thereto with holders of at least a majority of the Companys outstanding Senior Secured Floating Rate Bonds due 2012 and the Bond Indenture trustee. Under the terms of the Limited Waiver Agreement and prior extensions, the Bond holders 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 and other technical defaults under the Bond Indenture until 12:01 AM Eastern
Standard Time on July 2, 2010.
On July 2, 2010, the Company issued a press release announcing that it received a
fourth extension of the waiver on July 1, 2010. The term of the waiver has been extended to until 12:01 AM Eastern Standard Time on July 16, 2010, subject to earlier termination upon certain circumstances. During this waiver period, the
Company expects to continue to discuss with its Bond holders various proposals being exchanged between the Bond holders and the Company which generally contemplate, among other things, a deleveraging of the Company through a debt for equity
exchange. There are no assurances, however, that such discussions will be successful. A copy of the press release is furnished with this report as Exhibit 99.1 to this Form 8-K.
The waiver continues to be subject to a number of terms and conditions relating to the Companys provision of certain information to
the Bond holders, among other conditions and matters. 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.
Exhibits 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.
Item 9.01.
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Financial Statements and Exhibits.
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(d)
Exhibits
. The following exhibit is furnished pursuant to Item 8.01:
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99.1
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Press Release of Molecular Insight Pharmaceuticals, Inc., dated July 2, 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 2nd day of July, 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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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 July 2, 2010.
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4
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