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): September 15, 1998 MERIDIAN DIAGNOSTICS, INC. --------------------------------------------------------------------- (Exact Name of Registrant as Specified in Charter) Ohio --------------------------------------------------------------------- (State or Other Jurisdiction of Incorporation) 0-14902 31-0888197 - ------------------------------- --------------------------------- (Commission File Number) (IRS Employer Identification Number) 3471 River Hills Drive Cincinnati, Ohio 45244 --------------------------------------------------------------------- (Address of Principal Executive Offices) (Zip Code) Registrant's telephone number, including area code: (513) 271-3700 Item 5. Other Events. On September 15, 1998, the Registrant entered into a definitive agreement to acquire Gull Laboratories, Inc. through a merger transaction. Shareholders of Gull will receive $2.25 cash for each Common Share. Gull has 8,016,012 Common Shares outstanding. Fresenius AG, the majority shareholder of Gull, has agreed, subject to certain conditions, to vote its Gull shares in favor of the merger. The transaction is subject to various consents and approvals including, without limitation, clearance under the Hart-Scott-Rodino Anti-Trust Improvements Act of 1976 and approval by Gull shareholders. Item 7. Financial Statements, Pro Forma Financial Information and Exhibits. (c) Exhibits. 10.16 Merger Agreement among Gull Laboratories, Inc., Meridian Diagnostics, Inc., Fresenius AG and Meridian Acquisition Co. dated as of September 15, 1998 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 hereto duly authorized. MERIDIAN DIAGNOSTICS, INC. Dated: September 17, 1998 By: /s/William J. Motto --------------------------------- William J. Motto, Chief Executive Officer