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): December 10, 2004
ISTA PHARMACEUTICALS, INC.
(Exact name of registrant as specified in its charter)
| | | | |
| Delaware | | 000-31255 | | 33-0511729 |
(State or other jurisdiction of incorporation) | | (Commission File Number) | | (IRS Employer Identification No.) |
| | |
| 15295 Alton Parkway, Irvine, CA | | 92618 |
| (Address of principal executive offices) | | (Zip Code) |
Registrant’s telephone number, including area code: (949) 788-6000
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)) |
Item 5.03 Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year.
On December 10, 2004, the Board of Directors of ISTA Pharmaceuticals, Inc., a Delaware corporation (“ISTA”) adopted and approved an amendment to ISTA’s Amended and Restated Bylaws (the “Bylaws”) to provide that the duties of the Audit Committee, the Compensation Committee and the Nominating Committee of the Board of Directors of ISTA shall include such duties as specified in the respective charters of each such committees, as amended from time to time, or as otherwise provided by resolution of the Board of Directors, or pursuant to the Bylaws, the certificate of incorporation or applicable law. Prior to the foregoing Bylaw amendment, the Bylaws specified certain specific duties of the Audit Committee, the Compensation Committee and the Nominating Committee, respectively.
Item 9.01 Financial Statements and Exhibits.
| | |
Exhibit Number
| | Description
|
| 3.1 | | Amended and Restated Bylaws of ISTA Pharmaceuticals, Inc. |
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.
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| | | ISTA PHARMACEUTICALS, INC. |
| | |
December 15, 2004 | | By: | | /s/ Vicente Anido, Jr., Ph.D.
|
| | | | | Vicente Anido, Jr., Ph.D. |
| | | | | President and Chief Executive Officer |
EXHIBIT INDEX
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Exhibit Number
| | Description
|
| 3.1 | | Amended and Restated Bylaws of ISTA Pharmaceuticals, Inc. |
