UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, DC 20549
FORM 8-K/A
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 8, 2004
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Avitar, Inc.
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(Exact name of registrant as specified in its chapter)
Delaware 1-15695 06-1174053
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(State or other jurisdiction (Commission File Number) (IRS Employer
of incorporation) Identification No.)
65 Dan Road, Canton, MA 02021
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(Address of principal executive offices) (Zip Code)
Registrant's telephone number, including area code (781) 821-2440
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(Former name or former address, if changed since last report)
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Item 5. Other Events and Regulation FD Disclosure.
The Registrant issued a Press Release in reliance on Rule 135a on March 9,
2004 concerning the second closing of a $2,000,000 private placement entered
into on September 30, 2003. A copy of the Press Release is filed as an Exhibit
to this Report. On March 8, 2004, the Registrant issued Preferred Stock and
Warrants to purchase common stock in exchange for $1,000,000 of gross proceeds
as described in the attached Press Release. The Preferred Stock is convertible
into common stock at $0.215 per share, subject to adjustment and the Warrants
are exercisable at $0.135 per share.
Item 7. Financial Statements, Pro Forma Financial Information and Exhibits.3
(c) Exhibits
4.1 Securities Purchase Agreement (A)
4.2 Certificate of Designations of 6% Convertible Preferred Stock (A)
4.3 Registration Rights Agreement (A)
4.4 Warrant for First Closing (A)
4.5 Warrant for Second Closing
99.1 Press Release Issued on March 9, 2004
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(A) Filed with Form 8-K filed October 1, 2003.
Signature
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.
Avitar, Inc.
(Registrant)
Date: March 9, 2004 /s/ Jay Leatherman, CFO
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(Signature)*