form8k_octmor.htm
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): November 20, 2008
ATHEROGENICS,
INC.
(Exact
Name of Registrant as Specified in its Charter)
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Georgia
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0-31261
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58-2108232
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(State
or other jurisdiction
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(Commission
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(I.R.S.
Employer
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of
incorporation)
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File
Number)
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Identification
Number)
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8995
Westside Parkway
Alpharetta,
GA 30009
(Address
of principal executive offices)
Registrant's
telephone number, including area code (678) 336-2500
_________________
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):
o Written
communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
o Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
o Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
o Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))
Item
8.01 Other Events
AtheroGenics,
Inc. (the “Company”) is required to file monthly operating reports in the United
States Bankruptcy Court for the Northern District of Georgia (the “Bankruptcy
Court”). On November 20, 2008, the Company filed its monthly operating report
for the period from October 15, 2008 to October 31, 2008 with the Bankruptcy
Court. Selected financial information for the full month of October
included in the monthly operating report (the “Selected Financial Information”)
is attached hereto as Exhibit 99.1.
The
information contained in the Selected Financial Information is preliminary and
subject to revision, and the Company cautions readers not to place undue
reliance upon this information. The Selected Financial Information is unaudited,
in a format prescribed by applicable bankruptcy laws, and has not been prepared
in conformity with generally accepted accounting principles. The information in
the Selected Financial Information might not be indicative of the Company’s
financial condition or operating results for the period that would be reflected
in the Company’s financial statements or in a periodic report filed pursuant to
the Securities Exchange Act of 1934, as amended. The information set forth in
the Selected Financial Information should not be viewed as indicative of future
results and should not be used for investment purposes.
Item
9.01. Financial Statements and Exhibits.
The
following exhibit is furnished as part of this current report on Form
8-K.
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Exhibit
No.
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Description
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99.1
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–
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Selected
Financial Information
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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.
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ATHEROGENICS,
INC.
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Date: December
3, 2008
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By: /s/ MARK P.
COLONNESE
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Mark
P. Colonnese
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Executive
Vice President, Commercial Operations
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and
Chief Financial Officer
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EXHIBIT
INDEX
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Exhibit
No.
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Description
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99.1
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–
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Selected
Financial Information
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