UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 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): August 26, 2013
ZOGENIX, INC.
(Exact Name of Registrant as Specified in its Charter)
| Delaware | 001-34962 | 20-5300780 | ||
| (State or Other Jurisdiction | (Commission | (IRS Employer | ||
| of Incorporation) | File Number) | Identification No.) | ||
| 12400 High Bluff Drive, Suite 650, San Diego, CA | 92130 | |||
| (Address of Principal Executive Offices) | (Zip Code) | |||
Registrant’s telephone number, including area code: (858) 259-1165
(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 (see General Instruction A.2. below):
| ¨ | 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 1.01 Material Definitive Agreement.
On August 26, 2013, Zogenix, Inc. (“Zogenix” or the “Company”) and Patheon UK Limited (“Patheon”) entered into an amendment (the “Amendment”) to the Manufacturing Services Agreement, dated February 28, 2013, by and between Zogenix and Patheon (the “Services Agreement”). Under the Services Agreement, Patheon will serve as the Company’s exclusive manufacturer for the aseptic capsule assembly, filling and inspection, final device assembly and packaging of Sumavel® DosePro®, as well as other manufacturing and support services. The Services Agreement will replace the Company’s prior manufacturing services agreement with Patheon upon its expiration on October 31, 2013. Pursuant to the Amendment, the expiration of the term of the Services Agreement has been extended from April 30, 2015 to April 30, 2016. The parties may mutually agree in writing to renew the term for additional terms prior to the expiration of the then-current term.
* * *
The foregoing description of the Amendment does not purport to be complete and is qualified in its entirety by the Amendment, a copy of which Zogenix intends to file with its Quarterly Report on Form 10-Q for the period ending September 30, 2013.
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.
| ZOGENIX, INC. | ||||||
| Date: August 29, 2013 | By: | /s/ Ann D. Rhoads | ||||
| Name: Ann D. Rhoads | ||||||
| Title: Executive Vice President, Chief Financial Officer, Treasurer and Secretary | ||||||