Item 7.01Regulation FD Disclosure
As previously disclosed, on
In connection with the Chapter 11 Cases, as previously disclosed, on
The Plan will become effective if the Plan receives the requisite approval from
holders of claims, the
As previously disclosed on
The foregoing description of the Second Plan Supplement does not purport to be complete and is subject to, and qualified in its entirety by reference to, the full text of the Second Plan Supplement attached hereto as Exhibit 99.1, which is incorporated herein by reference.
In accordance with General Instruction B.2 of Form 8-K, the information being furnished under this Item 7.01 of this Current Report on Form 8-K, including Exhibit 99.1, shall not be deemed to be "filed" for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the "Exchange Act"), or otherwise subject to the liabilities of that section, nor shall it be deemed incorporated by reference into any registration statement or other document filed by the Company under the Securities Act of 1933, as amended, or the Exchange Act, except as expressly set forth by specific reference in such filing.
Cautionary Statements Regarding Trading in the Company's Securities
The Company cautions that trading in the Company's securities during the pendency of the Chapter 11 Cases is highly speculative and poses substantial risks. Trading prices for the Company's securities may bear little or no relationship to the actual recovery, if any, by holders of the Company's securities in the Chapter 11 Cases. It is unlikely that holders of the Company's common stock will receive any recovery on account of such securities.
Cautionary Statements Regarding Forward-Looking Information
This Current Report on Form 8-K includes "forward-looking statements" within the
meaning of the Private Securities Litigation Reform Act of 1995. In some cases,
you can identify forward-looking statements by terminology such as "may,"
"will," "should," "could," "expects," "plans," "anticipates," "believes,"
"estimates," "predicts," "potential," "continue," "intend" or the negative of
these terms or other comparable terminology, although not all forward-looking
statements contain these identifying words. All statements, other than
statements of historical facts, included in this filing that address activities,
events or developments that the Company expects, believes, targets or
anticipates will or may occur in the future are forward-looking statements. The
Company's actual results may differ materially from those anticipated in these
forward-looking statements as a result of certain risks and other factors, which
could include the following: risks and uncertainties relating to the Chapter 11
Cases, including but not limited to, the terms of and potential transactions
contemplated by the Plan, the Disclosure Statement, the First Plan Supplement
and the Second Plan Supplement, the Company's ability to obtain
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Chapter 11 Cases, the potential adverse effects of the Chapter 11 Cases on the
Company's liquidity or results of operations and increased legal and other
professional costs necessary to execute the Company's reorganization; the
effects of disruption from the Chapter 11 Cases making it more difficult to
maintain business and operational relationships, to retain key executives and to
maintain various licenses and approvals necessary for the Company to conduct its
business; uncertainty associated with the Company's ability to complete the sale
of its remaining assets as contemplated by the Bankruptcy Petitions; trading
price and volatility of the Company's common stock as well as other risk factors
set forth in the Company's Annual Report on Form 10-K and Quarterly Reports on
Form 10-Q filed with the
Additional Information Regarding the Chapter 11 Cases
Item 9.01Financial Statements and Exhibits
(d) Exhibits. Exhibit No. Description 99.1 Second Plan Supplement Pursuant to the Second Amended Joint Chapter 11 Plan of Liquidation ofInsys Therapeutics, Inc. and Its Affiliated Debtors, datedJanuary 6, 2020 , filed with theUnited States Bankruptcy Court for the District of Delaware
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