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): February 14, 2005
AMYLIN PHARMACEUTICALS, INC.
(Exact name of registrant as specified in its charter)
Delaware | | 0-19700 | | 33-0266089 |
(State or other jurisdiction
of incorporation) | | (Commission
File Number) | | (IRS Employer
Identification No.) |
| | | | |
9360 Towne Centre Drive, Suite 110
San Diego, California | | 92121 |
(Address of principal executive offices) | | (Zip Code) |
| | | | |
Registrant’s telephone number, including area code: (858) 552-2200 |
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:
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 1.01 Entry into a Material Definitive Agreement.
On February 14, 2005, Amylin Pharmaceuticals, Inc. and Baxter Pharmaceutical Solutions LLC entered into a Commercial Supply Agreement, pursuant to which Baxter will supply Amylin with exenatide in cartridges for twice daily injection. If Amylin receives approval from any regulatory authority, including the United States Food and Drug Administration, to market this product, then following the first calendar year after the date of any such approval Amylin will be required to make minimum annual purchases from Baxter. The Supply Agreement has a term of five years. Amylin and Baxter each have normal and customary termination rights, including termination for material breach or upon various financial events. In addition, Amylin may terminate the Supply Agreement at any time if any regulatory authority denies or withdraws approval of this product, or if Baxter loses its manufacturing authorizations for this product. Amylin and Baxter are also parties to a Drug Product Development and Supply Agreement dated November 7, 2003, in which Amylin engaged Baxter to develop pramlintide drug product, and a Drug Product Development Agreement dated February 27, 2004, in which Amylin engaged Baxter to develop exenatide drug product.
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.
| AMYLIN PHARMACEUTICALS, INC. |
| |
| |
Dated: | February 15, 2005 | By: | /S/ LLOYD A. ROWLAND | |
| | Lloyd A. Rowland |
| | Vice President, Legal, Secretary and |
| | General Counsel |
| | | | |
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