SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K/A CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of report (Date of earliest event reported): February 27, 2003 CURATIVE HEALTH SERVICES, INC. (Exact name of registrant as specified in its charter) Minnesota 000-19370 41-1503914 (State or other jurisdiction of (Commission (I.R.S. Employer incorporation or organization) File Number) Identification No.) 150 Motor Parkway, Hauppauge, NY 11788-5145 (Address of principal executive offices) (Zip Code) Registrant's telephone number, including area code: (631) 232-7000 Item 5. Other Events and Regulation FD Disclosure As previously reported, Curative Health Services, Inc. (the "Company") acquired all of the outstanding capital stock of Apex Therapeutic Care, Inc. ("Apex") on February 28, 2002. The consideration paid by the Company consisted of $18,700,000 in cash, a $5,000,000 contingent convertible note and 1,805,970 shares of Curative common stock (the "Shares") which were subsequently registered for resale by the shareholders of Apex on a Form S-3 registration statement. In connection with the acquisition of Apex, the Company and the shareholders of Apex entered into a Registration Rights and Lock-Up Agreement which restricted the ability of the Apex shareholders to resell the Shares. On February 27, 2003, the Company and the shareholders of Apex amended the Registration Rights and Lock-Up Agreement to reuse the schedule for release of the shares from the lockup covenant. The following table provides the date and number of the Shares that will become freely tradable in accordance with the provisions of the Registration Rights and Lock-Up Agreement as amended, subject to the Company's right to waive these restrictions at any time as to some or all of the shares. Date No. of Shares Tradable -------- ---------------------- 08/29/02 757,278 03/01/03 286,159 05/29/03 222,799 08/29/03 222,421 11/29/03 220,000 02/29/04 97,313 --------- Total: 1,805,970 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. CURATIVE HEALTH SERVICES, INC. Date: February 28, 2003 By /s/ Joseph Feshbach --------------------- Joseph Feshbach Chief Executive Officer