Unassociated Document
UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
Washington,
D.C. 20549
FORM
8-K/A
AMENDMENT
NO.1 TO
CURRENT
REPORT
Pursuant
to Section 13 or 15(d) of the Securities Exchange Act of 1934
Date of
Report (Date of earliest event reported): January 14, 2009 (December 24,
2008)
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BIOANALYTICAL
SYSTEMS, INC.
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(Exact
name of registrant as specified in its
charter)
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Indiana
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0-23357
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35-1345024
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(State
or other jurisdiction of incorporation or organization)
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(Commission
File Number)
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(I.R.S.
Employer Identification No.)
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2701
KENT AVENUE
WEST
LAFAYETTE, INDIANA
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47906-1382
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(Address
of principal executive offices)
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(Zip
Code)
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Registrant's
telephone number, including area code: (765) 463-4527
Explanatory
Note: This Amendment No. 1 amends the Current Report on Form 8-K of
Bioanalytical Systems Inc. (the “Company”) dated December 24, 2008, reporting
under Item 2.02 that the Registrant had issued a press release announcing
results for the three and twelve months of fiscal 2008 ending on September 30,
2008 (the “Press Release”). This Amendment No. 1 amends the Current
Report on Form 8-K dated December 24, 2008 by correcting the unaudited summary
financial information included in Exhibit 99.1. As originally filed,
Exhibit 99.1 incorrectly stated the Company’s Income tax provision
(benefit). This affected the Company’s Net income (loss) from
continuing operations, Net loss from discontinued operations, Net income (loss)
and Basic and Diluted earnings per share from continuing and discontinued
operations. The Company has subsequently issued a new press release
containing adjusted unaudited summary financial information, a copy of which is
included as Exhibit 99.2, hereof.
The
information provided in Item 2.02 and Item 9.01 of this Form 8-K is being
furnished and shall not be deemed "filed" for the purpose of Section 18 of the
Securities Exchange Act of 1934. The information in Item 2.02 and Item 9.01 of
this Form 8-K shall not be incorporated by reference into any registration
statement or other document pursuant to the Securities Act of 1933, as amended,
or otherwise subject to the liabilities of that Section.
Item 2.02. Results of Operations and Financial
Condition.
As
previously disclosed, on December 24, 2008, Bioanalytical Systems Inc. (the
“Company”) issued a press release (the “December 24 Press Release”) announcing
results for the three and twelve months of fiscal 2008, ending September 30,
2008. The December 24 Press Release incorrectly stated the Company’s
income tax provision for the fourth quarter and fiscal year 2008. On January 14,
2009, the Company issued a second press release (the “January 14 Press Release”)
adjusting the income tax provision (benefit) for the fourth quarter and fiscal
year 2008. This adjustment affected Net income (loss) from continuing
operations, Net loss from discontinued operations, Net income (loss) and Basic
and Diluted earnings per share from continuing and discontinued operations, all
of which have been revised in the second press release. The Company
is filing this Amendment to Current Report on Form 8-K to include the January 14
Press Release.
The
January 14 Press Release is attached to this Current Report as Exhibit 99.2
and is incorporated into this Item 2.02 by reference. The information
contained in this Item 2.02, including the information set forth in the
press releases filed as Exhibits 99.1 and 99.2 to, and incorporated in,
this Current Report is being “furnished” and shall not be deemed “filed” for the
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.
The information in Exhibits 99.1 and 99.2 furnished pursuant to this
Item 2.02 shall not be incorporated by reference into any registration
statement or other documents pursuant to the Securities Act of 1933, as amended
(the “Securities Act”), or into any filing or other document pursuant to the
Exchange Act except as otherwise expressly stated in any such
filing.
Item 9.01. Financial Statements and
Exhibits.
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(d)
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Exhibits
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99.1
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Bioanalytical
Systems, Inc. press release, issued December 24, 2008 (incorporated by
reference to Exhibit 99.1 to Form 8-K filed December 24,
2008).
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99.2
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Bioanalytical
Systems Inc. press release, issued January 14,
2009.
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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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Bioanalytical
Systems, Inc.
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By:
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/s/ Michael
R. Cox |
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Michael
R. Cox |
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Vice
President, Finance and Administration, Chief Financial Officer and
Treasurer
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EXHIBIT
INDEX
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| Exhibit
No. |
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Description |
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99.1
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Bioanalytical
Systems, Inc. press release, issued December 24, 2008(incorporated by
reference to Exhibit 99.1 to Form 8-K filed December 24,
2008).
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99.2
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Bioanalytical Systems Inc. press release, issued
January 14, 2009.
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