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): October 27, 2004
CUBIST PHARMACEUTICALS, INC.
(Exact Name of Registrant as Specified in Charter)
Delaware | | 0-21379 | | 22-3192085 |
(State or Other Jurisdiction
of Incorporation) | | (Commission
File Number) | | (IRS Employer
Identification No.) |
| | | | |
65 Hayden Avenue, Lexington, Massachusetts 02421 |
(Address of Principal Executive Offices) (Zip Code) |
| | | | |
Registrant’s telephone number, including area code: (781) 860-8660 |
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(b) under the Exchange Act (17 CFR 240.14a-12(b))
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 2.02 Results of Financial Operations and Financial Condition
On October 27, 2004, the Registrant issued a press release reporting its results for the second quarter ended September 30, 2004. The press release has been filed as an exhibit to this Report on Form 8-K, attached hereto as Exhibit 99.1.
On October 27, 2004, the Registrant conducted a telephone conference. The conference call transcript has been filed as an exhibit to this Report on Form 8-K, attached hereto as Exhibit 99.2.
Item 9.01 Financial Statements and Exhibits.
99.1 Press Release dated October 27, 2004
99.2 Transcript of October 27, 2004 conference call
The attached press release and transcript shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934 (the “Exchange Act”) or otherwise subject to the liabilities of that section, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933 or the Exchange Act, except as expressly set forth by specific reference in such a filing.
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.
| CUBIST PHARMACEUTICALS, INC. |
| | |
| | |
| By: | /s/ David W. J. McGirr | |
| | David W. J. McGirr |
| | Senior Vice President and |
| | Chief Financial Officer |
| | |
Dated: November 1, 2004 | | |
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