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): August 17, 2005
| Savient Pharmaceuticals, Inc. |
|
| (Exact name of registrant as specified in charter) |
| Delaware | 0-15313 | 13-3033811 |
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|
(State or other juris-
diction of incorporation | (Commission
File Number) | (IRS Employer
Identification No.) |
One Tower Center, 14th Floor
East Brunswick, New Jersey 08816 |
|
| (Address of principal executive offices) (Zip Code) |
Registrant’s telephone number, including area code: (732) 418-9300
| 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 obligation of the registrant under any of the following provisions:
 | Written communication 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) |
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| | 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 3.01. Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing.
On August 17, 2005, Savient Pharmaceuticals, Inc. (the “Company”) received a Nasdaq staff determination letter stating that the Company is not in compliance with Nasdaq Marketplace Rule 4310(c)(14) because the Company has not timely filed its Quarterly Report on Form 10-Q for the period ended June 30, 2005, and that that the Company’s common stock is therefore subject to delisting from The Nasdaq Stock Market.
The Company intends to request a hearing before a Nasdaq Listing Qualifications Panel to review the staff determination and to request that the Company's listing be continued while the Company completes the work necessary to comply with the listing requirement. However, the Company cannot provide any assurance that the Nasdaq Listing Qualifications Panel will grant its request for continued listing on The Nasdaq Stock Market.
The full text of the press release issued in connection with the receipt of the NASDAQ staff determination letter is furnished as Exhibit 99.1 to this Current Report on Form 8-K.
Item 9.01. Financial Statements And Exhibits
| | (c) | | Exhibits | |
| | | | | |
| | 99.1 | | Press release dated August 19, 2005 | |
SIGNATURE
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: August 19, 2005 | SAVIENT PHARMACEUTICALS, INC. |
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| | By: | /s/ Philip K. Yachmetz |
| | | Philip K. Yachmetz
Senior Vice President – Corporate
Strategy, General Counsel and Secretary |
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