UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 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) December 26, 2013
HI-TECH PHARMACAL CO., INC.
(Exact Name of Registrant as Specified in Its Charter)
Delaware
(State or Other Jurisdiction of Incorporation)
| No. 0-20424 | 11-2638720 |
| (Commission File Number) | (IRS Employer Identification No.) |
| 369 Bayview Avenue, Amityville, New York | 11701 |
| (Address of Principal Executive Offices) | (Zip Code) |
(631) 789-8228
(Registrant’s Telephone Number, Including Area Code)
(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 filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):
| ¨ | Written communications 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) |
| ¨ | 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)) |
Hi-Tech Pharmacal Co., Inc. ( the “Company”) announced that the Texas Attorney General has agreed to close its investigation of the Company’s pricing of products that were purchased with Texas Medicaid dollars. In settlement, the Company agreed to pay $25,000,000 to the State of Texas. This amount had previously been accrued in the Company’s financial statements. The settlement does not constitute an admission, finding or evidence of any liability or wrongdoing by the Company. A copy of the press release is attached as Exhibit 99.1 to this current report and is incorporated herein by reference.
| Item 9.01. | Financial Statements and Exhibits. |
(d) Exhibits
The following exhibit is furnished herewith:
| Exhibit Number | Description |
| Exhibit 99.1 | Press Release of Hi-Tech Pharmacal Co., Inc. dated December 26, 2013 |
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.
| Date: December 26, 2013 | HI-TECH PHARMACAL CO., INC. |
| | | |
| | /s/David S. Seltzer | |
| | Name: David S. Seltzer | |
| | Title: President and Chief Executive Officer | |
INDEX TO EXHIBITS
| Exhibit Number | Description |
| | |
| 99.1 | Press Release of Hi-Tech Pharmacal Co., Inc. dated December 26, 2013 |
