UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 10-Q/A
Amendment No. 1
[ X ] QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934
For the quarterly period ended September 30, 2007
Or
[ ] TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934
For the transition period from to
Commission file number 1-9601
K-V PHARMACEUTICAL COMPANY
(Exact name of registrant as specified in its charter)
Delaware | 43-0618919 |
(State or other jurisdiction of | (I.R.S. Employer |
incorporation or organization) | Identification No.) |
2503 South Hanley Road, St. Louis, Missouri 63144
(Address of principal executive offices, including ZIP code)
Registrant’s telephone number, including area code: (314) 645-6600
Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days.
Yes [ X ] No [ ]
Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer, or a smaller reporting company (see the definitions of “large accelerated filer,” “accelerated filer” and “smaller reporting company” in Rule 12b-2 of the Exchange Act).
Large accelerated filer [ X ] Accelerated filer [ ] Non-accelerated filer [ ] Smaller Reporting Company [ ]
Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act).
Yes [ ] No [ X ]
As of June 6, 2008, the registrant had outstanding 37,755,099 and 12,256,159 shares of Class A and Class B Common Stock, respectively, exclusive of treasury shares.
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EXPLANATORY NOTE
KV Pharmaceutical Company is filing this Form 10-Q/A (the "Amended Filing") in order to amend its Form 10-Q for the quarter ended September 30, 2007, originally filed on June 25, 2008 (the "Original Filing"), to refile Exhibit 10.1 to the report. An incorrect version of the exhibit was inadvertently filed with the Original Filing.
No other change to the Form 10-Q is included in this Amendment.
As part of the Amended Filing, Exhibits 31.1, 31.2, 32.1 and 32.2 containing the certifications of the registrant’s Chief Executive Officer and Chief Financial Officer that were filed as exhibits to the Original Filing have been re-executed and re-filed as of the date of this Amended Filing.
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Item 6. EXHIBITS
Exhibits. See Exhibit Index.
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SIGNATURES
Pursuant to the requirements of Section 13 or 15(d) of the Securities Exchange Act of 1934, the Company has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized.
K-V PHARMACEUTICAL COMPANY | |
Date: July 28, 2008 | By /s/ Ronald J. Kanterman |
Ronald J. Kanterman | |
Vice President and Chief Financial Officer | |
(Principal Financial Officer) |
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EXHIBIT INDEX
Exhibit No. | Description |
10.1* | Asset Purchase Agreement by and between the Company and VIVUS, Inc., dated as of March 30, 2007, filed herewith. |
31.1 | Certification of Chief Executive Officer. |
31.2 | Certification of Chief Financial Officer. |
32.1 | Certification pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002. |
32.2 | Certification pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002. |
* | Confidential portions of this exhibit have been redacted and filed separately with the Commission pursuant to a confidential treatment request in accordance with Rule 24b-2 of the Securities Exchange Act of 1934, as amended. |
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