AKORN INC Form 8-K: Current report
Filings on SEC EDGAR, newest first; amendments sit with their base form. Values are as filed.
- 2020-10-02: Form 8-K; Period of report 2020-10-01; Description 1.03 Bankruptcy or Receivership; 2.01 Completion of Acquisition or Disposition of Assets; 3.03 Material Modification to Rights of Security Holders; 5.01 Changes in Control of Registrant; 5.02 Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers; 8.01 Other Events; Details 1.03.
- 2020-09-30: Form 8-K; Period of report 2020-09-30; Description 7.01 Regulation FD Disclosure; Details 7.01.
- 2020-09-09: Form 8-K; Period of report 2020-09-09; Description 7.01 Regulation FD Disclosure; Details 7.01.
- 2020-08-28: Form 8-K; Period of report 2020-08-28; Description 7.01 Regulation FD Disclosure; Details 7.01.
| Filed | Form | Period of report | Description | Details | Document |
|---|---|---|---|---|---|
| 2020-10-02 | 8-K | 2020-10-01 | 1.03 Bankruptcy or Receivership; 2.01 Completion of Acquisition or Disposition of Assets; 3.03 Material Modification to Rights of Security Holders; 5.01 Changes in Control of Registrant; 5.02 Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers; 8.01 Other Events | 1.03 As previously disclosed, on May 20, 2020, Akorn, Inc. (the “Company”) and its U.S. direct and indirect subsidiaries (together with the Company, the “Company Parties”) filed voluntary cases under chapter 11 (the “Chapter 11 Cases”) of title 11 of the United States Code (the “Bankruptcy Code”) in the United States Bankruptcy Court for the District of Delaware (the “Bankruptcy Court”). 2.01 The information set forth under Items 1.03 of this Current Report on Form 8-K is incorporated herein by reference. 3.03 The information set forth under Items 1.03 of this Current Report on Form 8-K is incorporated herein by reference. 5.01 The information set forth under Items 1.03 of this Current Report on Form 8-K is incorporated herein by reference. 5.02 As of the Effective Date, pursuant to the Plan, the existing board of directors of the Company dissolved without any further action required on the part of the Company Parties. 8.01 In conjunction with its emergence from bankruptcy, the Company intends to file post-effective amendments to each of its Registration Statements on Form S-8 and promptly file a Form 15 with the Securities and Exchange Commission (the “SEC”) to deregister its securities under Section 12(g) of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), and suspend the Company's reporting obligations under Sections 13(a) and 15(d) of the Exchange Act. | tm2032215d1_8k.htm |
| 2020-09-30 | 8-K | 2020-09-30 | 7.01 Regulation FD Disclosure | 7.01 As previously disclosed, on May 20, 2020, Akorn, Inc. (the “Company”) and its U.S. direct and indirect subsidiaries filed voluntary petitions under chapter 11 (the “Chapter 11 Cases”) of title 11 of the United States Code in the United States Bankruptcy Court for the District of Delaware (the “Bankruptcy Court”). | tm2032007d1_8k.htm |
| 2020-09-09 | 8-K | 2020-09-09 | 7.01 Regulation FD Disclosure | 7.01 As previously disclosed, on May 20, 2020, Akorn, Inc. (the “Company”) and its U.S. direct and indirect subsidiaries (together with the Company, the “Company Parties”) filed voluntary cases under chapter 11 (the “Chapter 11 Cases”) of title 11 of the United States Code (the “Bankruptcy Code”) in the United States Bankruptcy Court for the District of Delaware (the “Court”). | tm2030426d1_8k.htm |
| 2020-08-28 | 8-K | 2020-08-28 | 7.01 Regulation FD Disclosure | 7.01 As previously disclosed, on May 20, 2020, Akorn, Inc. (the “Company”) and its U.S. direct and indirect subsidiaries filed voluntary petitions under chapter 11 (the “Chapter 11 Cases”) of title 11 of the United States Code in the United States Bankruptcy Court for the District of Delaware (the “Bankruptcy Court”). | tm2029708d1_8k.htm |
| 2020-08-14 | 8-K | 2020-08-14 | 7.01 Regulation FD Disclosure | 7.01 As previously disclosed, on May 20, 2020, Akorn, Inc. (the “Company”) and its U.S. direct and indirect subsidiaries (together with the Company, the “Company Parties”) filed voluntary cases under chapter 11 (the “Chapter 11 Cases”) of title 11 of the United States Code (the “Bankruptcy Code”) in the United States Bankruptcy Court for the District of Delaware (the “Court”). | tm2027620d1_8k.htm |
| 2020-08-07 | 8-K | 2020-08-07 | 2.02 Results of Operations and Financial Condition | 2.02 On August 7, 2020, Akorn, Inc. (the “Company”) issued a press release announcing financial results as of and for the quarter ended June 30, 2020. | f8k_080720.htm |
| 2020-07-31 | 8-K | 2020-07-31 | 7.01 Regulation FD Disclosure | 7.01 As previously disclosed, on May 20, 2020, Akorn, Inc. (the “Company”) and its U.S. direct and indirect subsidiaries filed voluntary petitions under chapter 11 (the “Chapter 11 Cases”) of title 11 of the United States Code in the United States Bankruptcy Court for the District of Delaware (the “Bankruptcy Court”). | tm2026209d1_8k.htm |
| 2020-07-02 | 8-K | 2020-07-02 | 7.01 Regulation FD Disclosure | 7.01 As previously disclosed, on May 20, 2020, Akorn, Inc. (the “Company”) and its U.S. direct and indirect subsidiaries (together with the Company, the “Company Parties”) filed voluntary cases under chapter 11 (the “Chapter 11 Cases”) of title 11 of the United States Code (the “Bankruptcy Code”) in the United States Bankruptcy Court for the District of Delaware (the “Court”). | tm2024052d1_8k.htm |
| 2020-06-18 | 8-K | 2020-06-17 | 1.01 Entry into a Material Definitive Agreement | 1.01 Entry into a Material Definitive Agreement. | tm2022873d1_8k.htm |
| 2020-05-26 | 8-K | 2020-05-20 | 1.01 Entry into a Material Definitive Agreement; 1.03 Bankruptcy or Receivership; 3.01 Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing; 7.01 Regulation FD Disclosure | 1.01 Entry into a Material Definitive Agreement. 1.03 As previously reported, on May 20, 2020 (the “Petition Date”), Akorn, Inc. (the “Company”) and its U.S. direct and indirect subsidiaries (together with the Company, the “Company Parties”) filed voluntary cases under chapter 11 (the “Chapter 11 Cases”) of title 11 of the United States Code (the “Bankruptcy Code”) in the United States Bankruptcy Court for the District of Delaware (the “Court”). 3.01 On May 21, 2020, the Company received a notification letter (the “Letter”) from the listing qualifications department staff (the “Staff”) of the Nasdaq Stock Market (“Nasdaq”) indicating that, as a result of the Chapter 11 Cases and in accordance with Nasdaq Listing Rules 5101, 5110(b) and IM-5101-1, Nasdaq has determined that the Company’s common stock will be delisted from Nasdaq. 7.01 Additional information about the Chapter 11 cases can be found at the Company’s dedicated microsite, www.akorn-forward.com. | tm2020882d1_8k.htm |
| 2020-05-21 | 8-K | 2020-05-20 | 1.01 Entry into a Material Definitive Agreement; 1.03 Bankruptcy or Receivership; 2.03 Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant; 2.04 Triggering Events That Accelerate or Increase a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement; 7.01 Regulation FD Disclosure | 1.01 Entry into a Material Definitive Agreement. 1.03 On May 20, 2020 (the “Petition Date”), Akorn, Inc. (the “Company”) and its U.S. direct and indirect subsidiaries (together with the Company, the “Company Parties”) filed voluntary cases under chapter 11 (the “Chapter 11 Cases”) of title 11 of the United States Code (the “Bankruptcy Code”) in the United States Bankruptcy Court for the District of Delaware (the “Court”). 2.03 The information set forth in Item 1.03 is incorporated by reference into this Item 2.03. 2.04 The filing of the Chapter 11 Cases constituted an event of default that accelerated our obligations under the Term Loan Credit Agreement. 7.01 The Company cautions that trading in its securities during the pendency of the Chapter 11 Cases is highly speculative and poses substantial risks. | tm2020591d1_8k.htm |
| 2020-05-11 | 8-K | 2020-05-11 | 2.02 Results of Operations and Financial Condition | 2.02 On May 11, 2020, Akorn, Inc. (the "Company") issued a press release announcing financial results as of and for the quarter ended March 31, 2020. | f8k_051120.htm |
| 2020-05-01 | 8-K | 2020-04-27 | 3.01 Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing | 3.01 On April 27, 2020, Akorn, Inc. (the “Company”) received written notice from the staff of the Listing Qualifications Department of The Nasdaq Stock Market (“Nasdaq”) that the Company was not in compliance with Nasdaq’s Listing Rule 5450(a)(1), as the closing bid price of the Company’s common stock had been below $1.00 per share for 30 consecutive business days (the “Minimum Bid Price Requirement”). | tm2018409d1_8k.htm |
| 2020-04-22 | 8-K | 2020-04-22 | 2.02 Results of Operations and Financial Condition; 7.01 Regulation FD Disclosure | 2.02 To the extent applicable, the disclosures in Item 7.01 below are incorporated herein by reference. 7.01 As previously disclosed, on February 12, 2020, Akorn, Inc. (the “Company”), certain of its subsidiaries and certain of its lenders entered into a Second Amendment to Standstill Agreement and Third Amendment to Credit Agreement (the “Amended Standstill Agreement”) to the Company’s Loan Agreement, dated as of April 17, 2014 (as amended, supplemented or otherwise modified, the “Term Loan Agreement”), with the lenders thereunder and Wilmington Savings Fund Society, FSB, as administrative agent. | tm2016576d1_8k.htm |
| 2020-04-01 | 8-K | 2020-04-01 | 1.01 Entry into a Material Definitive Agreement; 2.03 Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant; 3.02 Unregistered Sales of Equity Securities | 1.01 Entry into a Material Definitive Agreement. 2.03 The information set forth in Item 1.01 is hereby incorporated by reference into this Item 2.03. 3.02 The information set forth in Item 1.01 is hereby incorporated by reference into this Item 3.02. | tm2014406d2_8k.htm |
| 2020-04-01 | 8-K | 2020-03-28 | 2.04 Triggering Events That Accelerate or Increase a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement | 2.04 As previously disclosed, on February 12, 2020, Akorn, Inc. (the “Company”), certain of its subsidiaries, an ad hoc group of Lenders (the “Ad Hoc Group”) and certain other Lenders (together with the Ad Hoc Group, the “Standstill Lenders”) entered into a Second Amendment to Standstill Agreement and Third Amendment to Credit Agreement (the “Amended Standstill Agreement”) to the Company’s Loan Agreement, dated as of April 17, 2014 (as amended, supplemented or otherwise modified, the “Term Loan Agreement”), with the lenders thereunder (the “Lenders”) and Wilmington Savings Fund Society, FSB, as administrative agent (the “Administrative Agent”). | tm2014406d1-8k.htm |
| 2020-03-13 | 8-K | 2020-03-13 | 8.01 Other Events | 8.01 As previously disclosed, Akorn, Inc. (the “Company”) and certain current and former Company officers and directors are named defendants in a putative class action litigation captioned In re Akorn, Inc. Data Integrity Securities Litigation, C.A. No. 18-cv-1713 (N.D. Ill.) (the “Securities Class Action”), filed in the United States District Court for the Northern District of Illinois (the “Court”). | form8k.htm |
| 2020-03-04 | 8-K | 2020-03-03 | 8.01 Other Events | 8.01 As previously disclosed, Akorn, Inc. (the “Company”) is a nominal defendant and certain current and former Company officers and directors have been named individual defendants in a putative shareholder derivative suit captioned In re Akorn, Inc. Shareholder Derivative Litigation (Civ. A. No. 1:18-cv-07374) (the “In re Akorn, Inc. Shareholder Derivative Litigation”), filed in United States District Court for the Northern District of Illinois (the “Court”). | tm2011728d1_8k.htm |
| 2020-02-26 | 8-K | 2020-02-26 | 2.02 Results of Operations and Financial Condition | 2.02 On February 26, 2020, Akorn, Inc. (the “Company”) issued a press release announcing financial results as of and for the quarter and year ended December 31, 2019. | f8k_022620.htm |
| 2020-02-12 | 8-K | 2020-02-12 | 1.01 Entry into a Material Definitive Agreement | 1.01 Entry into a Material Definitive Agreement. | tm207230d2-8k.htm |
| 2020-02-10 | 8-K | 2020-02-04 | 5.02 Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers | 5.02 As a result of Akorn, Inc.’s (the “Company’s”) on-going exploration of strategic alternatives, on February 4, 2020, the compensation committee of the board of directors (the “Board”) of the Company recommended, and the Board approved, retention programs for the Company’s executive officers and all other U.S. salaried exempt employees for 2020. | tm207230d1-8k.htm |
| 2020-01-27 | 8-K | 2020-01-22 | 8.01 Other Events | 8.01 As previously disclosed, Akorn, Inc. (the “Company”) is a nominal defendant and certain current and former Company officers and directors have at various times been named individual defendants in a putative shareholder derivative suit captioned Kogut v. | tm205914d1_8k.htm |