Attached files
| file | filename |
|---|---|
| EX-99.1 - PRESS RELEASE - ISTA PHARMACEUTICALS INC | d339459dex991.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): April 23, 2012
ISTA PHARMACEUTICALS, INC.
(Exact name of registrant as specified in its charter)
| Delaware | 001-35396 | 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). |
| x | 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 8.01 | Other Events. |
On April 23, 2012, the Company issued a press release, which is attached hereto as Exhibit 99.1 and is incorporated herein by reference, announcing the early termination of the waiting period under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended, in connection with the Company’s pending acquisition by Bausch & Lomb Incorporated, a New York corporation (“Parent”), pursuant to the Agreement and Plan of Merger dated as of March 26, 2012, by and among the Company, Parent, and Inga Acquisition Corporation, a Delaware corporation and wholly-owned subsidiary of Parent. Completion of the transaction remains subject to the satisfaction of certain conditions, including approval of the Company’s stockholders.
| Item 9.01 | Financial Statements and Exhibits. |
| (d) | Exhibits. |
| Exhibit |
Description | |
| 99.1 | Press Release, dated April 23, 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. | ||||
| April 24, 2012 | By: | /s/ Lauren P. Silvernail | ||
| Chief Financial Officer and Vice President, Corporate Development | ||||
EXHIBIT INDEX
| Exhibit |
Description | |
| 99.1 | Press Release, dated April 23, 2012 | |