UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, DC 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 20, 2006
DELCATH SYSTEMS, INC.
(Exact name of registrant as specified in its charter)
Delaware 001-16133 06-1245881
(State or other jurisdiction (Commission File (IRS Employer
of incorporation) Number) Identification No.)
1100 Summer Street, Stamford, Connecticut 06905
(Address of principal executive offices) (Zip Code)
Registrant's telephone number, including area code: (203) 323-8668
N/A
(Former name or former address, if changed since last report)
Check the appropriate box below if the Form 8-K filing is intended to
simultaneously satisfy the filing obligation of the registrant under any of the
following provisions (see General Instruction A.2 below):
[ ] Written communications pursuant to Rule 425 under the Securities Act
(17 CFR 230.425)
[ ] Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17
CFR 240.14a-12)
[ ] Pre-commencement communications pursuant to Rule 14d-2(b) under the
Exchange Act (17 CFR 240.14d-2(b))
[ ] Pre-commencement communications pursuant to Rule 13e-4(c) under the
Exchange Act (17 CFR 240.13e-4(c))
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Section 8 - Other Events
Item 8.01 Other Events.
On September 20, 2006, Delcath Systems, Inc. (the "Company") issued a press
release announcing that the U.S. District Court for the Southern District of New
York extended the temporary restraining order and adjourned the preliminary
injunction hearing in the pending litigation between the Company and Robert
Ladd, et al. The Company's press release dated September 20, 2006 is
incorporated herein by reference and filed as Exhibit 99.1 hereto. A copy of the
Memorandum and Order of the Honorable Loretta A. Proska of the United States
District Court for the Southern District of New York is also incorporated herein
by reference and filed as Exhibit 99.2 hereto.
Section 9 - Financial Statements and Exhibits
Item 9.01. Financial Statements and Exhibits.
(a) Not applicable
(b) Not applicable.
(c) Not applicable.
(d) Exhibits:
Exhibit Description
99.1 Press Release dated September 20, 2006 of Delcath Systems, Inc.
99.2 Memorandum and Order of the Honorable Loretta A. Preska of the United
States District Court for the Southern District of New York, dated
September 20, 2006 (incorporated by reference to the Company's
Additional Definitive Proxy Soliciting Materials and Rule 14(a)(12)
Material filed on September 21, 2006 (SEC Accession No.
0000950117-06-003958))
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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.
DELCATH SYSTEMS, INC.
By: /s/ M. S. KOLY
-------------------------
M. S. Koly
President and Chief Executive Officer
Date: September 22, 2006
EXHIBIT INDEX
Exhibit Description
99.1 Press Release dated September 21, 2006 of Delcath Systems, Inc.
99.2 Memorandum and Order of the Honorable Loretta A. Preska of the United
States District Court for the Southern District of New York, dated
September 20, 2006 (incorporated by reference to the Company's
Additional Definitive Proxy Soliciting Materials and Rule 14(a)(12)
Material filed on September 21, 2006 (SEC Accession No.
0000950117-06-003958))