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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): September 27, 2006
DELCATH SYSTEMS, INC.
(Exact name of registrant as specified in its charter)
Delaware 001-16133 06-1245881
(State or other jurisdiction (Commission File Number) (IRS Employer
of incorporation) 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 8 - Other Events
Item 8.01 Other Events.
On September 27, 2006, Delcath Systems, Inc. (the "Company") issued a press
release announcing two developments in the Company's federal securities lawsuit
against Laddcap Value Partners LP. The Company's press release dated September
27, 2006 is incorporated herein by reference and filed as Exhibit 99 hereto.
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 27, 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 29, 2006
EXHIBIT INDEX
Exhibit Description
99 Press Release dated September 27, 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
- ------------------
Laddcap Counterclaim Against Delcath Dismissed And Temporary
Restraining Order Against Laddcap Modified In Federal Securities Lawsuit
- - -
STAMFORD, Conn., September 27, 2006 -- Delcath Systems, Inc. (NASDAQ: DCTH)
today announced two developments in the Company's federal securities lawsuit
against Laddcap Value Partners LP. First, a counterclaim recently asserted by
Laddcap against Delcath has been dismissed by Laddcap without prejudice.
In addition, the temporary restraining order in the action has been modified to
allow Laddcap to file the consents it has obtained from its Consent
Solicitation. However, the United States Court of Appeals for the Second Circuit
has ordered that "all further action to give effect to those consents (including
the counting of the consents and disclosure of their contents) continues to be
stayed" pending further adjudication of Delcath's claims against Laddcap.
The lawsuit is now back before the Honorable Loretta A. Preska of the U.S.
District Court for the Southern District of New York for further proceedings on
Delcath's claims. As previously announced, the district court has found that
Delcath has "a likelihood of success on the merits of its [Section] 13(d) and
14(a) claims" against Laddcap.
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 United States, Europe, Asia and Canada. 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. We
undertake no obligation to publicly update or revise these forward-looking
statements to reflect events or circumstances after the date they are made.
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