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EX-10.1 - LOAN MODIFICATION AGREEMENT - ISTA PHARMACEUTICALS INCdex101.htm

 

 

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): December 20, 2010

 

 

ISTA PHARMACEUTICALS, INC.

(Exact name of registrant as specified in its charter)

 

 

 

Delaware   000-31255   33-0511729

(State or other jurisdiction

of incorporation)

 

(Commission

File Number)

 

(IRS Employer

Identification No.)

 

50 Technology Drive, Irvine, California   92618
(Address of principal executive offices)   (Zip Code)

Registrant’s telephone number, including area code: (949) 788-6000

 

 

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:

 

¨ 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 Entry into a Material Definitive Agreement.

On December 20, 2010, ISTA Pharmaceuticals, Inc. (the “Company”) and Silicon Valley Bank entered into a Loan Modification Agreement (the “Modification Agreement”) whereby the parties amended the Loan and Security Agreement entered into on December 22, 2005, as amended, in order to extend the maturity date from December 31, 2010 to February 28, 2011.

The foregoing description of the Modification Agreement does not purport to be complete and is qualified in its entirety by reference to the Modification Agreement, which is attached hereto as Exhibit 10.1 and is incorporated herein by this reference.

 

Item 9.01 Financial Statements and Exhibits.

 

(d) Exhibits.

 

Exhibit

Number

 

Description

10.1   Loan Modification Agreement, dated December 20, 2010, by and between ISTA Pharmaceuticals, Inc. and Silicon Valley Bank.


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.

 

    ISTA PHARMACEUTICALS, INC.
December 21, 2010     By:  

/S/    LAUREN P. SILVERNAIL        

     

Chief Financial Officer and Vice

President, Corporate Development


EXHIBIT INDEX

 

Exhibit
Number

 

Description

10.1   Loan Modification Agreement, dated December 20, 2010, by and between ISTA Pharmaceuticals, Inc. and Silicon Valley Bank.