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EX-10.1 - EXHIBIT 10.1 - SIGA TECHNOLOGIES INCex10_1.htm

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):  July 30, 2018

SIGA TECHNOLOGIES, INC.
(Exact name of registrant as specified in its charter)

Delaware
0-23047
13-3864870
(State or other jurisdiction of incorporation or organization)
(Commission file number)
(I.R.S. employer identification no.)

27 East 62nd Street
   
New York, New York
 
10065
(Address of principal executive offices)
 
(Zip code)

Registrant’s telephone number, including area code:  (212) 672-9100

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))

Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).

Emerging growth company  

If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act.  
 


Item 1.01.
Entry into a Material Definitive Agreement.

On July 30, 2018, SIGA Technologies, Inc., a Delaware corporation (the “Company”), entered into a modification (the “Modification”) of its 2011 procurement contract (contract #HHS0100201100001C) with the Biomedical Advanced Research and Development Authority (“BARDA”) of the United States Department of Health and Human Services.

The Modification provides for the exercise by BARDA of its option for a $50 million payment to the Company relating to approval by the United States Food & Drug Administration of an extension to 84-month expiry for the Company’s orally-administered drug TPOXX® for the treatment of smallpox.

The foregoing description is qualified in its entirety by reference to the text of the Modification, which is attached hereto as Exhibit 10.1.

Item 9.01.
Financial Statements and Exhibits

(d) The following exhibit is included in this report:

Exhibit
No.
Description
   
Amendment of Solicitation/Modification of Contract 0015, dated July 30, 2018, to Agreement, dated May 13, 2011, between the Biomedical Advanced Research and Development Authority of the United States Department of Health and Human Services and SIGA Technologies, Inc.
 

SIGNATURE

Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 
SIGA TECHNOLOGIES, INC.
 
     
 
By:
/s/ Daniel J. Luckshire  
 
Name:
Daniel J. Luckshire
 
 
Title:
Chief Financial Officer
 
       
Date:  August 1, 2018