Lotus Pharmaceuticals, Inc. - Current report filing (8-K)
21 Agosto 2008 - 9:19PM
Edgar (US Regulatory)
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)
August 18, 2008
LOTUS PHARMACEUTICALS, INC.
(Exact name of registrant as specified in its charter)
Nevada
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001-32581
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20-0507918
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(State or other jurisdiction of incorporation)
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(Commission File Number)
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(IRS Employer Identification No.)
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16 Cheng Zhuang Road, Feng Tai District, Beijing
Peoples Republic of China
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100071
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(Address of principal executive offices)
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(Zip Code)
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Registrants telephone number, including area code
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86-10-63899868
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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))
Item 2.02
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Results of Operations and Financial Condition.
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Item 7.01
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Regulation FD Disclosure.
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Pursuant to General Instruction B.2
of Form 8-K and Securities and Exchange Commission Release No. 33-8176, the information contained in the press release furnished as
an exhibit hereto shall not be deemed filed for purposes of Section 18 of the Securities Exchange Act of 1934, as
amended, is not subject to the liabilities of that section and is not deemed incorporated by reference in any filing under the
Securities Act of 1933, as amended, except as shall be expressly set forth by specific reference in such a filing. In addition, the
press release contains statements intended as forward-looking statements which are subject to the cautionary statements
about forward-looking statements set forth in such press release.
On May 21, 2008 Lotus
Pharmaceuticals, Inc. issued a press release announcing results for the second quarter of fiscal 2008 as well as providing outlook
for the balance of 2008 together with the date and time of a scheduled conference call to discuss the first quarter results. A copy
of such press release is being furnished pursuant to Regulation FD as Exhibit 99.1 to this Current Report on Form 8-K.
Use of Non-GAAP Financial Information
The press release contains a
discussion of non-GAAP financial measures. The results for the three and six month periods ended June 30, 2008 and June 30, 2007
included certain non-cash debt financing expenses related to the companys convertible notes and convertible mandatorily
redeemable preferred stock. To supplement the companys condensed consolidated financial statements presented on a GAAP basis,
the company provided non-GAAP financial information, which are adjusted net income and adjusted earnings per share, excluding the
impact of these items in this release. Lotus Pharmaceuticals management believes that these non-GAAP measures provide
investors with a better understanding of how the results relate to the companys historical performance. A reconciliation of
adjustments to GAAP results information contained in the press release. This additional non-GAAP information is not meant to be
considered in isolation or as a substitute for GAAP financials. The non-GAAP financial information that Lotus Pharmaceuticals
provides also may differ from the non-GAAP information provided by other companies.
Item 9.01
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Financial Statements and Exhibits.
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99.1
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Press release dated August 18, 2008
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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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LOTUS PHARMACEUTICALS, INC.
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Date: August 18, 2008
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By:
/s/ Zhong Yi Liu
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Zhong Yi Liu, Chief Executive Officer
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2
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