Form 8-K/A

 

 

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 

 

FORM 8-K/A

(Amendment No. 1)

 

 

Current Report

Pursuant to Section 13 or 15(d) of the

Securities Exchange Act of 1934

Date of Report (Date of earliest event reported): June 17, 2009

 

 

Arena Pharmaceuticals, Inc.

(Exact name of registrant as specified in its charter)

 

 

 

Delaware   000-31161   23-2908305

(State or other jurisdiction

of incorporation)

  

(Commission

File Number)

  

(I.R.S. Employer

Identification No.)

6166 Nancy Ridge Drive, San Diego, California 92121

(Address of principal executive offices) (Zip Code)

858.453.7200

(Registrant’s telephone number, including area code)

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:

 

¨ 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))

 

 

 

 

In this report, “Arena Pharmaceuticals,” “Arena,” “we,” “us” and “our” refer to Arena Pharmaceuticals, Inc., and its wholly owned subsidiaries, unless the context otherwise provides.

Explanatory Note - This Amendment No. 1 on Form 8-K/A, or Amendment, is an amendment to the Current Report on Form 8-K we filed on June 23, 2009. This Amendment is being filed for the sole purpose of re-filing Exhibit 10.4 to the original 8-K in response to comments received from the Staff of the Securities and Exchange Commission in connection with a pending request for confidential treatment of portions of the exhibit. We have made no other changes to the original 8-K.

 

Item 9.01 Financial Statements and Exhibits.

(d) Exhibits.

 

10.4+   Form of Warrant to Purchase Common Stock of Arena

 

+ Confidential treatment has been requested for portions of this document.

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.

 

Date: October 21, 2009     Arena Pharmaceuticals, Inc.
    By:   /S/    STEVEN W. SPECTOR        
      Steven W. Spector
      Senior Vice President, General Counsel and Secretary

EXHIBIT INDEX

 

Exhibit

No.

  

Description

10.4+   Form of Warrant to Purchase Common Stock of Arena

 

+ Confidential treatment has been requested for portions of this document.