SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 --------------------------- FORM 8-K/A CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 December 10, 2001 Date of Report (Date of earliest event reported) Discovery Laboratories, Inc. (Exact name of Registrant as specified in its charter) Delaware 000-26422 94-3171943 (State or other jurisdiction (Commission File Number) (IRS Employer of incorporation) Identification Number) 350 Main Street, Suite 307 Doylestown, Pennsylvania 18901 (Address of principal executive offices) (215) 340-4699 (Registrant's telephone number, including area code) (Former name or former address, if changed since last report) Item 5. Other Events. This amendment is being submitted to file amended forms of Exhibits 10.1, 10.2, 10.3 and 10.4, previously filed in the registrant's Current Report on Form 8-K on December 19, 2001, which have been revised to include certain information previously omitted which is no longer the subject of a confidential treatment request made by the Registrant. Item 7. Financial Statements, Pro Forma Financial Statements and Exhibits (c) Exhibits: *10.1 Commercialization Agreement *10.2 Investment and Commission Agreement 10.3 Common Stock and Warrant Purchase Agreement *10.4 Loan Agreement * Confidential treatment has been requested with respect to certain portions of these exhibits. Such portions have been separately filed with the of the Securities and Exchange Commission and redacted herein. 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. DISCOVERY LABORATORIES, INC. By: /s/ Robert J. Capetola -------------------------------------- Name: Robert J. Capetola, Ph.D. Title: President and Chief Executive Officer Date: January 14, 2002 2 Exhibit No. Description *10.1 Commercialization Agreement *10.2 Investment and Commission Agreement 10.3 Common Stock and Warrant Purchase Agreement *10.4 Loan Agreement * Confidential treatment has been requested with respect to certain portions of these exhibits. Such portions have been separately filed with the of the Securities and Exchange Commission and redacted herein. 3