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)
March 31, 2003
ISTA PHARMACEUTICALS, INC.
| Delaware | 000-31255 | 33-0511729 | ||
| (State or other jurisdiction of | (Commission File Number) | (IRS Employer Identification No.) | ||
| incorporation) | ||||
| 15279 Alton Parkway, Suite 100, Irvine, CA | 92618 | |||
| (Address of principal executive offices) | (Zip Code) |
Registrant’s telephone number, including area code: (949) 788-6000
| Item 5. – Other Events | ||||||||
| Item 7. – Financial Statements and Exhibits | ||||||||
| SIGNATURES | ||||||||
| EXHIBIT INDEX | ||||||||
| EXHIBIT 3.1 | ||||||||
Item 5. – Other Events
On March 31, 2003, the Registrant file a Certificate of Correction of Restated Certificate of Incorporation with the Delaware Secretary of State. A copy of the Certificate of Correction is attached hereto as Exhibit 3.1 and is incorporated herein by reference.
The item to be corrected in the Certificate of Correction refer to the stockholder voting provisions previously set forth in Article XI of the Registrant’s Restated Certificate of Incorporation filed with the Delaware Secretary of State on November 12, 2002. The corrected Article XI restores the prior text of the Certificate of Incorporation prohibiting stockholder actions by written consent. The Registrant’s stockholders did not consummate any actions by written consent during the period from November 12, 2002 to March 31, 2003.
Item 7. – Financial Statements and Exhibits
(c) Exhibits.
| Exhibit Number | Description | |
| 3.1 | Certificate of Correction of Restated Certificate of Incorporation, filed with the Delaware Secretary of State March 31, 2003. |
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.
| ISTA PHARMACEUTICALS, INC. | ||||
| April 8, 2003 | By: | /s/ Vicente Anido, Jr., Ph.D. Vicente Anido, Jr., Ph.D. President and Chief Executive Officer | ||
EXHIBIT INDEX
| Exhibit Number | Description | |
| 3.1 | Certificate of Correction of Restated Certificate of Incorporation, filed with the Delaware Secretary of State March 31, 2003. |
