Attached files
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EX-99.1 - EXHIBIT 99.1 - MiddleBrook Pharmaceuticals, Inc. | c09990exv99w1.htm |
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
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
Pursuant to Section 13 OR 15(d) of The Securities Exchange Act of 1934
Date of Report (Date of earliest event reported): December 20, 2010
MIDDLEBROOK PHARMACEUTICALS, INC.
(Exact name of registrant as specified in its charter)
Delaware | 000-50414 | 52-2208264 | ||
(State or other jurisdiction of incorporation) |
(Commission File Number) | (IRS Employer Identification No.) |
9 Village Circle, Suite 545, Westlake, Texas |
76262 |
|
(Address of principal executive offices) | (Zip Code) |
Registrants telephone number, including area code: (817) 837-1200
N/A
(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 7.01. | Regulation FD Disclosure. |
On December 20, 2010, MiddleBrook Pharmaceuticals, Inc. (the Company) filed its unaudited
monthly operating report (the Monthly Operating Report) for the period November 1, 2010 through
November 30, 2010 with the United States Bankruptcy Court for the District of Delaware (the
Bankruptcy Court), case number 10-11485. A copy of the Monthly Operating Report is attached to
this Current Report on Form 8-K as Exhibit 99.1 and is incorporated herein by reference.
The Monthly Operating Report is limited in scope, covers a limited time period and has been
prepared solely for the purpose of complying with reporting requirements of the Bankruptcy Court
and the United States Bankruptcy Code, 11 U.S.C. §§ 101-1532 (the Bankruptcy Code). The
financial information contained in the Monthly Operating Report is preliminary and unaudited and
does not purport to show the Companys financial statements in accordance with generally accepted
accounting principles (GAAP) and, therefore, may exclude items required by GAAP. The Monthly
Operating Report also does not include footnotes that would ordinarily be contained in the
financial statements in the Companys quarterly and annual reports filed pursuant to the Securities
Exchange Act of 1934, as amended (the Exchange Act). The Monthly Operating Report contains
information for periods that may be shorter or otherwise different from those contained in reports
required pursuant to the Exchange Act. The financial information has not been reviewed or otherwise
verified for accuracy or completeness by the Companys independent registered public accountants,
and there can be no assurance that the Monthly Operating Report is complete. The Company cautions
readers not to place undue reliance on the Monthly Operating Report, which may be subject to
revision. The Monthly Operating Report is in the format required by the Bankruptcy Court and the
Bankruptcy Code and should not be used for investment purposes. The information in the Monthly
Operating Report should not be viewed as indicative of future results.
The information furnished pursuant to Item 7.01 and Exhibit 99.1 of this Current Report on
Form 8-K shall not be deemed to be filed for the purposes of Section 18 of the Exchange Act, or
otherwise subject to the liabilities of that section. The information in Item 7.01 of this Current
Report shall not be incorporated by reference into any filing under the Securities Act of 1933, as
amended, or the Exchange Act, whether made before or after the date of this Current Report,
regardless of any general incorporation language in the filing.
Item 9.01. | Financial Statements and Exhibits. |
(d) Exhibits
The following exhibits are furnished with this Current Report on Form 8-K:
Exhibit | ||||
Number | Description | |||
99.1 | Monthly Operating Report for the Period from November 1, 2010 to November 30, 2010 |
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.
MIDDLEBROOK PHARMACEUTICALS, INC. |
||||
Date: December 20, 2010 | By: | /s/ Brad Cole | ||
Brad Cole | ||||
Senior Vice President, General Counsel and Secretary | ||||
EXHIBIT INDEX
Exhibit | ||||
Number | Description | |||
99.1 | Monthly Operating Report for the Period from November 1, 2010 to November 30, 2010 |