United States
Securities and Exchange Commission
Washington, D.C. 20549
Form 10-Q/A2
(Mark One)
[X] QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES
EXCHANGE ACT OF 1934
For the quarterly period ended June 30, 2002
[ ] TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934
For the transition period from ____________ to _____________
Commission file number 0-27354
Impax Laboratories, Inc.
- ------------------------------------------------------------------------
(Exact name of registrant as specified in its charter)
Delaware 65-0403311
- --------------------------------------------------------------------------------
(State or other jurisdiction of (I.R.S. Employer Identification No.)
incorporation or organization)
30831 Huntwood Avenue - Hayward, California 94544
- ------------------------------------------------------------------------
(Address of principal executive offices) (Zip code)
Registrant's telephone number including area code (510) 476-2000
Indicate by check mark whether the registrant (1) has filed all reports required
to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during
the preceding 12 months (or for such shorter period that the registrant was
required to file such reports) and (2) has been subject to such filing
requirements for the past 90 days.
Yes [X] No [ ]
The number of shares outstanding of the registrant's common stock as of July 22,
2002 was approximately 47,759,581.
EXPLANATORY NOTE
The Registrant is filing this Amendment No. 2 to its Quarterly Report
on Form 10-Q for the period ended June 30, 2002 in order to revise Item 6 and
Exhibits 10.60 and 10.61 in response to comments we received from the Securities
and Exchange Commission related to our Confidential Treatment Request for
certain information contained in those exhibits. This report only revises
Exhibits 10.60 and 10.61 to disclose additional portions of those exhibits that
we had previously redacted. In addition, this Amendment No. 2 is being filed to
provide the certifications required by SEC regulation that were not filed with
the prior amendment. Other than these amendments, no other changes are being
made to such Quarterly Report.
This Report continues to speak as of the date of the original filing,
and we have not updated the disclosure in this Report to speak as of a later
date.
-------------------------------------------------------------------
ITEM 6. EXHIBITS AND REPORTS ON FORM 8-K
(a) Exhibits:
10.60 Development, License and Supply Agreement dated as of
June 1, 2002 between Wyeth, acting through its Wyeth
Consumer Healthcare Division, and Impax Laboratories,
Inc.
10.61 Licensing, Contract Manufacturing & Supply Agreement
between Schering Corporation and Impax Laboratories, Inc.
dated June 18, 2002.
(b) Reports:
None
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 thereunto duly authorized as of May 28, 2003.
IMPAX LABORATORIES, INC.
By: BARRY R. EDWARDS
----------------------------------------------
(Principal Executive Officer)
Co-Chief Executive Officer
By: CORNEL C. SPIEGLER
----------------------------------------------
(Principal Financial and Accounting Officer)
Chief Financial Officer
CERTIFICATION OF
Co-CHIEF EXECUTIVE OFFICER
I, Charles Hsiao, Chairman & Co-CEO, certify that:
1. I have reviewed this quarterly report on Form 10-Q/A for the period
ended June 30, 2002 of Impax Laboratories, Inc.
2. Based on my knowledge, this quarterly report amendment does not
contain any untrue statement of a material fact, or omit to state a material
fact necessary to make the statements made, in light of the circumstances under
which such statements were made, not misleading, with respect to the period
covered by this quarterly report.
Charles Hsiao
- ---------------------------------------
Charles Hsiao, Ph.D.
Chairman and Co-Chief Executive Officer
Date: May 28, 2003
CERTIFICATION OF
Co-CHIEF EXECUTIVE OFFICER
I, Barry R. Edwards, Co-CEO, certify that:
1. I have reviewed this quarterly report on Form 10-Q/A for the period
ended June 30, 2002 of Impax Laboratories, Inc.
2. Based on my knowledge, this quarterly report amendment does not
contain any untrue statement of a material fact, or omit to state a material
fact necessary to make the statements made, in light of the circumstances under
which such statements were made, not misleading, with respect to the period
covered by this quarterly report.
Barry R. Edwards
- ---------------------------
Barry R. Edwards
Co-Chief Executive Officer
Date: May 28, 2003
CERTIFICATION OF
CHIEF FINANCIAL OFFICER
1. I have reviewed this quarterly report on Form 10-Q/A for the period
ended June 30, 2002 of Impax Laboratories, Inc.
2. Based on my knowledge, this quarterly report amendment does not
contain any untrue statement of a material fact, or omit to state a material
fact necessary to make the statements made, in light of the circumstances under
which such statements were made, not misleading, with respect to the period
covered by this quarterly report.
Cornel C. Spiegler
- ------------------------
Cornel C. Spiegler
Chief Financial Officer
Date: May 28, 2003