UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, DC 20549
FORM 8-K
CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(d) OF THE
SECURITIES AND EXCHANGE ACT OF 1934
Date of report (Date of earliest event reported): October 27, 2004
AVIGEN, INC.
(Exact name of registrant as specified in charter)
Delaware |
| 000-28272 |
| 13-3647113 |
(State or other jurisdiction |
| (Commission File Number) |
| (I.R.S. Employer |
1301 Harbor Bay Parkway
Alameda, California 94502
(Address of principal executive offices and zip code)
Registrant’s telephone number, including area code: (510) 748-7150
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 2.02. Results of Operations and Financial Condition.
On October 27, 2004, Avigen, Inc. issued a press release announcing its financial results for the quarter and nine months ended September 30, 2004. A copy of the press release is attached as Exhibit 99.1 to this current report and is incorporated herein by reference.
The information in the report, including the exhibit hereto, shall not be deemed to be “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to the liabilities of that Section or Sections 11 and 12(a)(2) of the Securities Act of 1933, as amended. The information contained herein and in the accompanying exhibit shall not be incorporated by reference into any filing with the U.S. Securities and Exchange Commission made by Avigen, whether made before or after the date hereof, regardless of any general incorporation language in such filing.
Item 9.01 Financial Statements and Exhibits.
| Exhibit |
| Description |
|
| ||
| 99.1 |
| Press release of Avigen, Inc. issued October 27, 2004, announcing its financial results for the quarter and nine months ended September 30, 2004. |
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.
| AVIGEN, INC. | |
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|
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Dated: October 27, 2004 | By: | /s/ THOMAS J. PAULSON |
|
| |
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| Thomas J. Paulson |
|
| Vice President, Finance and |
|
| Chief Financial Officer |
INDEX TO EXHIBITS
99.1 | Press release of Avigen, Inc. issued October 27, 2004, announcing its financial results for the quarter and nine months ended September 30, 2004. |