Attached files

file filename
EX-99.1 - PRESS RELEASE, DATED JANUARY 4, 2012 - ISTA PHARMACEUTICALS INCd276613dex991.htm
EX-99.2 - 2012 GUIDANCE AND PIPELINE UPDATE PRESENTATION - JANUARY 2012. - ISTA PHARMACEUTICALS INCd276613dex992.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): January 4, 2012

 

 

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 2.02 Results of Operations and Financial Condition.

On January 4, 2012, ISTA Pharmaceuticals, Inc. (the “Company”) issued a press release to provide preliminary unaudited financial updates for the year ended December 31, 2011 and financial guidance for the year ending December 31, 2012. The release is furnished as Exhibit 99.1 hereto and incorporated herein by this reference.

The information in this Item 2.02, including Exhibit 99.1, is being furnished and shall not be deemed “filed” for the purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to the liability of that section, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933, as amended, except as shall be expressly set forth by specific reference in such a filing.

 

Item 7.01 Regulation FD Disclosure.

Commencing on January 4, 2012, the Company will utilize an updated presentation for investor relations purposes entitled “2012 Guidance and Pipeline Update.” The updated presentation is furnished as Exhibit 99.2 hereto and incorporated herein by this reference.

The information in this Item 7.01, including Exhibit 99.2, is being furnished and shall not be deemed “filed” for the purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to the liability of that section, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933, as amended, except as shall be expressly set forth by specific reference in such a filing.

 

Item 9.01 Financial Statements and Exhibits.

(d) Exhibits.

 

Exhibit

Number

  

Description

99.1    Press release, dated January 4, 2012.
99.2    2012 Guidance and Pipeline Update Presentation – January 2012.


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.
January 4, 2012     By:   /s/    LAUREN P. SILVERNAIL        
       

Chief Financial Officer and Vice

President, Corporate Development


EXHIBIT INDEX

 

Exhibit

Number

  

Description

99.1    Press release, dated January 4, 2012.
99.2    2012 Guidance and Pipeline Update Presentation – January 2012.