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): June 4, 2012
Avanir Pharmaceuticals, Inc.
(Exact name of registrant as specified in its charter)
| Delaware | 001-15803 | 33-0314804 | ||
| (State or other jurisdiction of incorporation) |
(Commission File Number) |
(I.R.S. Employer Identification No.) | ||
| 20 Enterprise, Suite 200, Aliso Viejo, California |
92656 | |||
| (Address of principal executive offices) | (Zip Code) | |||
Registrant’s telephone number, including area code: (949) 389-6700
Not Applicable
Former name or former address, if changed since last report
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 2.03. | Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet |
| Arrangement of a Registrant. |
Pursuant to the Loan and Security Agreement (the “Loan Agreement”) Avanir Pharmaceuticals, Inc. (the “Company”) entered into on May 7, 2012 with Oxford Finance LLC, as a lender and as collateral agent, and Silicon Valley Bank, as a lender, on June 4, 2012 the Company borrowed $30.0 million. The terms of payment of the $30.0 million, including the material terms under which such obligation may be accelerated or increased, as well as a description of the material terms of the Loan Agreement, are included in the Company’s Current Report on Form 8-K filed with the Securities and Exchange Commission on May 9, 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.
| Date: June 5, 2012 | Avanir Pharmaceuticals, Inc. | |||||
| By: | /s/ Christine G. Ocampo | |||||
| Christine G. Ocampo | ||||||
| Vice President, Finance | ||||||