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 December 18, 2006
BioCryst Pharmaceuticals, Inc.
(Exact Name of Registrant as Specified in Charter)
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| Delaware
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000-23186
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62-1413174 |
| (State or other jurisdiction
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(Commission
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(IRS Employer |
| of incorporation)
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File Number)
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Identification #) |
2190 Parkway Lake Drive, Birmingham, Alabama 35244
(Address of Principal Executive Office)
(205) 444-4600
(Registrant’s telephone number, including area code)
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):
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Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
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Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
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Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
210.14d-2(b)) |
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Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c)) |
TABLE OF CONTENTS
Item 5.03 Amendments to Articles of Incorporation:
On December 18 and 20, 2006 BioCryst Pharmaceuticals, Inc. amended its certificate of
incorporation in two ways:
1. We formally retired 1.8 million shares of Series A Convertible Preferred Stock, which had
previously been converted to Common Stock. These shares were returned to the status of
authorized but unissued shares of Preferred Stock without designation as to Series.
2. We filed a Third Restated Certificate of Incorporation, a copy of which is filed with this
Form 8-K as Exhibit 3.1. The Third Restated Certificate of Incorporation restates and integrates
all changes previously made to, and does not further amend, the Second Restated Certificate of
Incorporation.
Item 9.01. Financial Statements and Exhibits:
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| Exhibit No. |
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Description |
3.1
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Third Restated Certificate of Incorporation of BioCryst
Pharmaceuticals, Inc. |