UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 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): June 19, 2006
King Pharmaceuticals, Inc.
(Exact name of registrant as specified in its charter)
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Tennessee
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001-15875
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54-1684963 |
(State or other jurisdiction
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(Commission File Number)
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(I.R.S. Employer |
of incorporation)
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Identification No.) |
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501 Fifth Street, Bristol, Tennessee
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37620 |
(Address of principal executive offices)
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(Zip Code) |
Registrants telephone number, including area code: (423) 989-8000
Not Applicable
(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))
TABLE OF CONTENTS
Item 3.01 Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer
of Listing.
On June 28, 2005, King Pharmaceuticals, Inc. (the Company) timely submitted to the New York Stock
Exchange (NYSE) an Annual Chief Executive Officer Certification indicating that the Chief
Executive Officer of the Company was not aware of any violation by the Company of the NYSEs
corporate governance listing standards. The Company inadvertently omitted from its 2005 annual
report to shareholders, however, a statement that such Certification was timely submitted to the
NYSE.
On June 14, 2006, the Company advised the NYSE of this inadvertent omission. On June 19, 2006, the
Company received from the NYSE a letter advising the Company that such disclosure is required by
corporate governance listing standard 303A.12(a) of the NYSE Listed Company Manual and that the
Company could cure this deficiency by filing a Current Report on Form 8-K containing the required
disclosure. The required disclosure appears under Item 8.01 of this Report and is incorporated into
this Item 3.01 by reference. The Company will include the required disclosure in future annual
reports.
Item 8.01 Other Events.
On June 28, 2005, the Company timely submitted to the NYSE an Annual Chief Executive Officer
Certification indicating that the Chief Executive Officer of the Company was not aware of any
violation by the Company of the NYSEs corporate governance
listing standards. Such certification was unqualified.
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.
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King Pharmaceuticals, Inc.
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By: |
/s/ Brian A. Markison
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Brian A. Markison
President and Chief Executive Officer |
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Date: June 21, 2006