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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): July 11, 2006
DELCATH SYSTEMS, INC.
(Exact name of registrant as specified in its charter)
Delaware 001-16133 06-1245881
(State or other jurisdiction of (Commission File Number) (IRS Employer
incorporation) 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))
2
Section 8 - Other Events
Item 8.01 Other Events.
On July 11, 2006, Delcath Systems, Inc. (the "Company") issued a press
release announcing that one of its stockholders agreed to withdraw its requests
for a special meeting of the Company's stockolders and to dismiss without
prejudice litigation against the Company commenced by such stockholder. The
Company's press release dated July 11, 2006 is incorporated herein by reference
and filed as an exhibit 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 Press Release dated July 11, 2006 of Delcath Systems, Inc.
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: July 11, 2006
EXHIBIT INDEX
Exhibit Description
99 Press Release dated July 11, 2006 of Delcath Systems, Inc.
[GRAPHIC OMITTED]
Company Contact: Investor Contacts:
Delcath Systems, Inc. Todd Fromer / Michael Cimini
M. S. Koly, Chief Executive Officer KCSA Worldwide
203-323-8668 (212) 896-1215 / (212) 896-1233
www.delcath.com tfromer@kcsa.com / mcimini@kcsa.com
- --------------- ---------------- ----------------
Media Contacts:
Lewis Goldberg
KCSA Worldwide
(212) 896-1216
lgoldberg@kcsa.com FOR IMMEDIATE RELEASE
- ------------------
Delcath Systems Announces Laddcap's Withdrawal of Request
for Special Meeting of Shareholders
STAMFORD, Conn., July 11, 2006 -- Delcath Systems, Inc. (NASDAQ: DCTH) today
announced that Laddcap Value Partners LP, a 10 percent holder of the Company's
outstanding common stock, has agreed to withdraw its requests for a special
meeting of Delcath's shareholders.
In addition, both Delcath and Laddcap have agreed to dismiss without prejudice
the litigation against Delcath commenced on June 6, 2006 in the Chancery Court
of the State of Delaware relating to Laddcap's demand to inspect certain books
and records of the Company pursuant to Section 220 of the General Corporation
Law of the State of Delaware.
Both Delcath Systems and Laddcap retain their rights to pursue any future action
without restriction or prejudice.
M.S. Koly, Delcath President and Chief Executive Officer, said, "We are pleased
to report this breakthrough event for our shareholders. We look forward to
moving on and focusing on maximizing shareholder value over the long term."
About Delcath Systems, Inc.
Delcath Systems is a developer of isolated perfusion technology for organ or
region-specific delivery of therapeutic agents. The company's intellectual
property portfolio currently consists of 12 patents on a worldwide basis,
including the United States, Europe, Asia and Canada. For more information,
please visit the company's website, www.delcath.com.
This release contains "forward-looking statements" based on current expectations
but involving known and unknown risks and uncertainties. Actual results or
achievements may be materially different from those expressed or implied.
Delcath's plans and objectives are based on assumptions involving judgments with
respect to future economic, competitive and market conditions, its ability to
consummate, and the timing of, acquisitions and future business decisions, all
of which are difficult or impossible to predict accurately and many of which are
beyond its control. Therefore, there can be no assurance than any
forward-looking statement will prove to be accurate.
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