UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
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FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934
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Date of Report (Date of earliest event reported): March 30, 2004
IMPAX LABORATORIES, INC.
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(Exact name of Registrant as specified in its charter)
Delaware 0-27354 65-0403311
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(State or other jurisdiction of (Commission (I.R.S. Employer
incorporation or organization) File Number) Identification Number)
30381 Huntwood Avenue
Hayward, CA 94544
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(Address of principal executive offices, including zip code)
Registrant's telephone number, including area code: (510) 476-2000
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Item 9. Regulation FD Disclosure
On March 30, 2004, Impax Laboratories, Inc. (the "Company") issued a
press release announcing its intention to offer in a private placement, subject
to market and other conditions, $75 million aggregate principal amount of
convertible senior subordinated debentures due 2024, to qualified institutional
buyers pursuant to Rule 144A under the Securities Act of 1933, as amended. In
addition, the Company will grant initial purchasers an option to purchase up to
an additional $11,250,000 of the debentures. The interest rate, conversion rate,
and offering price are to be determined by negotiations between the Company and
the initial purchasers of the debentures. The Company will use the net proceeds
from the offering to fund its ongoing operations and for general corporate
purposes. A copy of the press release is attached as Exhibit 99.1 and is
incorporated herein by reference.
In connection with the proposed offering, the Company has prepared an
investor presentation that includes written communication comprised of slides
which are attached as Exhibit 99.2 and incorporated herein by reference.
These exhibits are not filed, but are furnished to comply with
Regulation FD. The information disclosed in this Item 9 Current Report on Form
8-K is not considered to be "filed" for purposes of Section 18 of the Securities
and Exchange Act of 1934 and is not subject to the liabilities of that section.
(a) Exhibits.
Exhibit
Number Description
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99.1 Press Release dated March 30, 2004
99.2 Investor Presentation
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.
Impax Laboratories, Inc.
Date: March 30, 2004
By: /s/ Barry R. Edwards
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Barry R. Edwards
Chief Executive Officer
EXHIBIT INDEX
Exhibit
Number Description
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99.1 Press Release dated March 30, 2004
99.2 Investor Presentation