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UNITED STATES |
SECURITIES AND EXCHANGE COMMISSION |
WASHINGTON, D.C. 20549 |
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FORM 10-Q/A |
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Amendment No. 1 |
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(Mark One) | |
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x | QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 |
FOR THE QUARTERLY PERIOD ENDED JUNE 30, 2010 | |
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o | 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 0-15313 | |
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SAVIENT PHARMACEUTICALS, INC. | |
(Exact Name of Registrant as Specified in Its Charter) | |
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Delaware |
| 13-3033811 |
One Tower Center, 14th Floor, East Brunswick, New Jersey 08816
(Address of Principal Executive Offices)
(732) 418-9300
(Registrant’s Telephone Number, Including Area Code)
(Former Name, Former Address and Former Fiscal Year, if Changed Since Last Report)
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 o
Indicate by check mark whether the registrant has submitted electronically and posted on its corporate web site, if any, every Interactive Data File required to be submitted and posted pursuant to Rule 405 of regulation S-T (§232.405 of this chapter) during the preceding 12 months (or for such shorter period that the registrant was required to submit and post such files). YES x NO o
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. (Check one):
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Large accelerated filer x |
| Accelerated filer o |
| Non-accelerated filer o |
| Smaller reporting company o |
Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act).YES o NO x
The number of shares outstanding of the issuers’ Common Stock, par value $.01 per share, as of August 3, 2010 was 67,604,590.
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EXPLANATORY NOTE
The sole purpose of this Amendment No. 1 to our Quarterly Report on Form 10-Q for the period ended June 30, 2010, as originally filed with the Securities and Exchange Commission on August 6, 2010, is to furnish Exhibit 101 to the Form 10-Q in accordance with Rule 405 of Regulation S-T.
Exhibit 101 provides the following financial information from Savient Pharmaceuticals, Inc.’s Form 10-Q for the quarter ended June 30, 2010, formatted in eXtensible Business Reporting Language (XBRL):
| (i) | Consolidated Balance Sheets at June 30, 2010 and December 31, 2009 |
| (ii) | Consolidated Statements of Operations for the three and six months ended June 30, 2010 and 2009 |
| (iii) | Consolidated Statement of Changes in Stockholders’ Equity for the six months ended June 30, 2010 |
| (iv) | Consolidated Statements of Cash Flows for the six months ended June 30, 2010 and 2009 |
| (v) | Notes to Consolidated Financial Statements |
No other changes have been made to the original Form 10-Q. This Form 10-Q/A speaks as of the original filing date and has not been updated to reflect events occurring subsequent to the original filing date.
Pursuant to Rule 406T of Regulation S-T, the interactive data files on Exhibit 101 hereto are deemed not filed or part of a registration statement or prospectus for purposes of Sections 11 or 12 of the Securities Act of 1933, as amended, are deemed not filed for purposes of Section 18 of the Securities and Exchange Act of 1934, as amended, and otherwise are not subject to liability under those sections.
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Item 6. | Exhibits |
The exhibits filed as part of this Form 10-Q/A are listed in the exhibit index immediately preceding the exhibits and are incorporated herein.
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SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized.
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| Savient Pharmaceuticals, Inc. | |
| (Registrant) | |
| By: | /s/ Paul Hamelin |
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| Paul Hamelin |
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| President |
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| (Principal Executive Officer) |
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| By: | /s/ David G. Gionco |
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| David G. Gionco |
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| Group Vice President, Chief Financial Officer & Treasurer |
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| (Principal Financial Officer) |
Dated: September 3, 2010
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EXHIBIT INDEX
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Exhibit No. |
| Description |
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31.1* |
| Certification of principal executive officer pursuant to Rule 13a-14(a)/15d-14(a) under the Securities Exchange Act of 1934, as amended |
31.2* |
| Certification of the principal financial officer pursuant to Rule 13a-14(a)/15d-14(a) under the Securities Exchange Act of 1934, as amended |
32.1* |
| Statement pursuant to 18 U.S.C. §1350 |
32.2* |
| Statement pursuant to 18 U.S.C. §1350 |
101.INS** |
| INSTANCE DOCUMENT |
101.SCH** |
| SCHEMA DOCUMENT |
101.CAL** |
| CALCULATION LINKBASE DOCUMENT |
101.LAB** |
| LABELS LINKBASE DOCUMENT |
101.PRE** |
| PRESENTATION LINKBASE DOCUMENT |
101.DEF** |
| DEFINITION LINKBASE DOCUMENT |
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* | Previously filed |
** | Submitted electronically herewith |
Attached as Exhibit 101 to this report are the following formatted in XBRL (eXtensible Business Reporting Language): (i) Consolidated Balance Sheets at June 30, 2010 and December 31, 2009, (ii) Consolidated Statements of Operations for the three and six months ended June 30, 2010 and June 30, 2009, (iii) Consolidated Statement of Changes in Stockholders’ Equity for the six months ended June 30, 2010, (iv) Consolidated Statements of Cash Flows for the six months ended June 30, 2010 and June 30, 2009 and (v) Notes to Consolidated Financial Statements.
In accordance with Rule 406T of Regulation S-T, the XBRL-related information in Exhibit 101 to this Quarterly Report on Form 10-Q is deemed not filed or part of a registration statement or prospectus for purposes of Sections 11 or 12 of the Securities Act of 1933, as amended, is deemed not filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and otherwise is not subject to liability under these sections.
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