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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):       February 23, 2010
Emisphere Technologies, Inc.
 
(Exact name of registrant as specified in its charter)
         
Delaware   000-17758   13-3306985
         
(State or other jurisdiction
of incorporation) 		  (Commission
File Number) 		  (I.R.S. Employer
Identification No.)
     
240 Cedar Knolls Road, Suite 200,
Cedar Knolls, New Jersey 		  07927
     
(Address of principal executive offices)   (Zip Code)
Registrant’s telephone number, including area code:       973-532-8000
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:
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 1.01. Entry into a Material Definitive Agreement.
On February 24, 2010, Emisphere Technologies, Inc. (the “Company”) announced that on February 23, 2010, Novartis Pharma AG (“Novartis”) agreed to further extend the maturity date of Emisphere’s Convertible Promissory Note (the “Note”) to May 26, 2010. Previously, on November 27, 2009, Novartis had agreed to extend the maturity date of the Note to February 26, 2010. The $10 million original principal amount Note, plus interest accrued to date, was originally issued to Novartis on December 1, 2004, in connection with the Research Collaboration and Option License Agreement between the parties of that date and was originally due on December 1, 2009.
The text of the press release is attached hereto as Exhibit 99.1 and is incorporated by reference in its entirety.
Item 9.01. Financial Statements and Exhibits.
(d) Exhibits.
     
Exhibit No.   Description
99.1
  Press Release of Emisphere Technologies, Inc. dated February 24, 2010

 

 

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.
         
  Emisphere Technologies, Inc.
 		  
February 24, 2010  By:   /s/ Michael R. Garone    
    Name:   Michael R. Garone   
    Title:   Chief Financial Officer   

 

 

         
EXHIBIT INDEX
     
Exhibit No.   Description
99.1
  Press Release of Emisphere Technologies, Inc. dated February 24, 2010