form8k.htm
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 earliest event reported: December 17, 2009
NovaBay
Pharmaceuticals, Inc.
(Exact
Name of Registrant as Specified in Charter)
California
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001-33678
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68-0454536
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(State
or Other Jurisdiction of Incorporation)
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(Commission
File Number)
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(I.R.S.
Employer Identification No.)
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5980
Horton Street, Suite 550, Emeryville, CA 94608
(Address
of Principal Executive Offices) (Zip Code)
(510)
899-8800
(Registrant’s
telephone number, including area code)
(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):
£
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Written
communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
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£
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Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
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£
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Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
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£
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Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))
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Item
1.01 Entry into a Material Definitive Agreement.
On
December 17, 2009, NovaBay Pharmaceuticals, Inc. (“NovaBay”) entered into an
amendment of its collaboration and license agreement with Galderma S.A.
(“Galderma”), dated March 20, 2009, filed as Exhibit 10.2 to NovaBay’s Quarterly
Report on Form 10-Q, filed with the Securities and Exchange Commission on May
15, 2009. The effective date of the amendment is December 1,
2009. The amendment modifies certain defined terms and fees related
to the development and testing of dermatological formulations. It
also provides for an additional tolerance study and related completion and
continuation payments to NovaBay by Galderma.
The
foregoing is only a brief description of the material terms of the amendment,
does not purport to be complete and is qualified in its entirety by reference to
the amendment which is expected to be filed as an exhibit to NovaBay’s Annual
Report on Form 10-K for year ending December 31, 2009.
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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NovaBay
Pharmaceuticals, Inc.
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(Registrant)
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By:
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/s/ Thomas J. Paulson
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Thomas
J. Paulson
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Chief
Financial Officer and Treasurer
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Dated: December
23, 2009