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
SECURITIES EXCHANGE ACT OF 1934
Date of report (Date of earliest event reported): May 22, 2006
ATHEROGENICS, INC.
(Exact Name of Registrant as Specified in its Charter)
| Georgia (State or other jurisdiction of incorporation) | 0-31261 (Commission File Number) | 58-2108232 (I.R.S. Employer Identification Number) |
8995 Westside Parkway
Alpharetta, GA 30004
(Address of principal executive offices)
Alpharetta, GA 30004
(Address of principal executive offices)
Registrant’s telephone number, including area code(678) 336-2500
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 (seeGeneral Instruction A.2. below):
o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
o 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 May 22, 2006, AtheroGenics, Inc. issued a press release announcing the dismissal of the securities class action lawsuits that had been filed against the company and certain officers and directors. A copy of the press release is attached hereto as Exhibit 99.1 and is incorporated herein by reference.
Item 9.01. Financial Statements and Exhibits.
The following exhibits are furnished as part of this current report on Form 8-K.
| Exhibit No. | Description | |||
| 99.1 | – | Press Release dated May 22, 2006 |
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.
| ATHEROGENICS, INC. | ||||
| Date: May 22, 2006 | ||||
| /s/ Mark P. Colonnese | ||||
| Executive Vice President, Commercial Operations | ||||
| and Chief Financial Officer |
EXHIBIT INDEX
| Exhibit No. | Description | |||
| 99.1 | – | Press Release dated May 22, 2006 |