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 February 10, 2004 ------------------------------------------------ Date of Report (Date of earliest event reported) NPS PHARMACEUTICALS, INC. ------------------------------------------------------ (Exact Name of Registrant as Specified in Its Charter) Delaware 0-23272 87-0439579 - ---------------------------- ---------------- ---------------------- (State or Other Jurisdiction (Commission File (I.R.S. Employer of Incorporation) Number) Identification Number) 420 Chipeta Way Salt Lake City, Utah 84108 ---------------------------------------- (Address of principal executive offices) (801) 583-4939 ---------------------------------------------------- (Registrant's telephone number, including area code) ITEM 12: Results of Operations and Financial Condition The following information is furnished pursuant to Item 12, "Results of Operations and Financial Condition." On February 10, 2004, NPS Pharmaceuticals, Inc. (the "Company") issued a press release announcing the Company's 2004 fourth quarter and year-end operating results. The text of the press release is furnished as Exhibit 99.1 to this Form 8-K. The information in this Form 8-K and the Exhibit attached hereto 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 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. Date: February 10, 2004 NPS PHARMACEUTICALS, INC. --------------------------- By: /s/ HUNTER JACKSON Hunter Jackson CEO, President and Chairman of the Board EXHIBIT INDEX Exhibit Number Description - ------- ----------- 99.1 Press Release issued by NPS Pharmaceuticals, Inc. on February 10, 2004 announcing the Company's 2004 fourth quarter and year-end operating results.