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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
CityplaceWashington, StateDC address20549
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): September 21, 2006
DELCATH SYSTEMS, INC.
(Exact name of registrant as specified in its charter)
Delaware 001-16133 06-1245881
(State or other jurisdiction of (Commission File (IRS Employer
incorporation) Number) Identification No.)
1100 Summer Street, Stamford, Connecticut 06905
(Address of principal executive offices) (Zip Code)
Registrant's telephone number, including area code: (203) 323-8668
N/A
(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))
Section 5 - Corporate Governance and Management
Item 5.02 Departure of Directors or Certain Officers; Election of Directors;
Appointment of Certain Officer; Compensatory Arrangements of Certain Officers.
(a) Not applicable
(b) Not applicable.
(c) Not applicable.
(d) Delcath Systems, Inc. (the "Company") reported that on September 21,
2006, the Company's Board of Directors (the "Board") elected Harold S.
Koplewicz, M.D. as a Class I Director of the Company to serve until the 2007
Annual Meeting of Stockholders.
Details of this announcement are contained in the press release of the
Company dated September 26, 2006, and filed with this Current Report on Form 8-K
as Exhibit 99, which is hereby incorporated herein by this reference.
The Board has not yet determined the Committees of the Board to which Dr.
Koplewicz will be appointed.
(e) Not applicable.
(f) Not applicable.
Section 9 - Financial Statements and Exhibits.
Item 9.01. Financial Statements and Exhibits.
(a) Not applicable.
(b) Not applicable.
(c) Not applicable.
(d) Exhibits:
Exhibit Description
99 Press Release dated September 26, 2006 of Delcath Systems,
Inc.
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.
DELCATH SYSTEMS, INC.
By: /s/ M. S. KOLY
----------------------------
M. S. Koly
President and Chief Executive
Officer
Date: September 27, 2006
EXHIBIT INDEX
Exhibit Description
99 Press Release dated September 26, 2006 of Delcath Systems,
Inc.
[GRAPHIC OMITTED]
Company Contact: Investor Contacts:
Delcath Systems, Inc. Todd Fromer / Garth Russell
M. S. Koly, Chief Executive Officer KCSA Worldwide
203-323-8668 (212) 896-1215 / (212) 896-1250
www.delcath.com tfromer@kcsa.com / grussell@kcsa.com
- --------------- ---------------- -----------------
Media Contacts:
Lewis Goldberg
KCSA Worldwide
(212) 896-1216
lgoldberg@kcsa.com FOR IMMEDIATE RELEASE
- ------------------
Delcath Systems Appoints New Independent Director
- - -
STAMFORD, Conn., September 26, 2006 -- Delcath Systems, Inc. (NASDAQ: DCTH)
announced today that Harold S. Koplewicz, M.D., was elected to the Board of
Directors, bringing the total number of directors to six, four of whom are
independent.
Dr. Koplewicz, 53, was appointed by Governor George Pataki to the position of
Executive Director of the Nathan S. Kline Institute for Psychiatric Research
(NKI), in May 2006. He is only the third person to hold this prestigious title
since 1952.
Castle Connolly Medical, an extensive survey of thousands of physicians each
year, and New York Magazine have repeatedly named Dr. Koplewicz as one of
placecountry-regionAmerica's Top Doctors. He is a nationally renowned child and
adolescent psychiatrist, who has appeared on numerous radio and television shows
including NBC Today, National Public Radio, Good Morning America, LIVE with
Regis and Kelly, CBS This Morning, Oprah, The View, CNN American Morning, CNN
Weekend Housecalls, NBC Nightly News, ABC World News Tonight and Dateline NBC.
Dr. Koplewicz is currently the Arnold and Debbie Simon Professor of Child and
Adolescent Psychiatry and the Vice Chairman of the Department of Psychiatry and
Professor of Pediatrics at the New York University School of Medicine. He has
served as a member of the National Board of Medical Examiners and as a
commissioner of the New York State Commission on Youth, Crime and Violence and
Reform of the Juvenile Justice System. Dr. Koplewicz was also a member of a work
group organized by the U.S. Assistant Surgeon General and the U.S. Department of
Health and Human Services.
"I believe Delcath's technology shows tremendous potential to advance cancer
treatment. For that reason, I am honored to have been elected to the Board of
Directors of Delcath Systems, Inc.," stated Dr. Koplewicz. "The promising
results shown by the Phase I and II trials using Melphalan and Doxorubicin are
catapulting Delcath into an exciting time and well poised to build long-term
shareholder value. I plan on sharing the extraordinary benefits of the Delcath
system with my
colleagues in the medical community and am confident that as more clinician
scientists are made aware of the potential of this technology, we will enroll
new sites and patients in the Melphalan and Doxorubicin Phase III trials."
M.S. Koly, President and Chief Executive Officer of Delcath Systems, stated, "I
am pleased with the Nominating Committee's recommendation that Dr. Koplewicz be
elected to Delcath's Board of Directors. His extensive influence in the medical
community and overall exposure to high-level executives at the country's premier
medical facilities will assist us in creating a greater awareness of the Delcath
system's advanced cancer therapy."
"We remain on track to meet our commitments to shareholders following our annual
meeting and plan to add one new independent director before the end of 2006."
About Delcath Systems, Inc.
Delcath Systems is a developer of isolated perfusion technology for organ or
region-specific delivery of therapeutic agents. The Company's intellectual
property portfolio currently consists of 12 patents on a worldwide basis,
including the country-regionUnited States, Europe, Asia and
placecountry-regionCanada. For more information, please visit the Company's
website, www.delcath.com.
This release contains forward-looking statements, which are subject to certain
risks and uncertainties that can cause actual results to differ materially from
those described. Factors that may cause such differences include, but are not
limited to, uncertainties relating to our ability to successfully complete Phase
III clinical trials and secure regulatory approval of our current or future
drug-delivery system and uncertainties regarding our ability to obtain financial
and other resources for any research, development and commercialization
activities. These factors, and others, are discussed from time to time in our
filings with the Securities and Exchange Commission. You should not place undue
reliance on these forward-looking statements, which speak only as of the date
they are made. Delcath undertakes no obligation to publicly update or revise
these forward-looking statements to reflect events or circumstances after the
date they are made.
On August 17, 2006, Laddcap filed a definitive consent solicitation statement
with the SEC relating to Laddcap's proposal to, among other things, remove the
current Board of Directors and replace them with Laddcap's nominees. In
response, on August 21, 2006, Delcath filed a definitive consent revocation
statement on Form DEFC14A (the "Definitive Consent Revocation Statement") with
the SEC in opposition to Laddcap's consent solicitation. Delcath shareholders
should read the Definitive Consent Revocation Statement (including any
amendments or supplements thereto) because it contains additional information
important to the shareholders' interests in Laddcap's consent solicitation.
The Definitive Consent Revocation Statement and other public filings made by
Delcath with the SEC are available free of charge at the SEC's website at
www.sec.gov. Delcath also will provide a copy of these materials free of charge
upon request to Delcath Systems, Inc., Attention: M.S. Koly, President and Chief
Executive Officer, (203) 323-8668.
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