UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D. C. 20549
FORM 10-QSB/A
| x | QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 |
For the quarterly period ended June 30, 2004
| ¨ | TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 |
For the transition period from to
Commission file number 0-28931
BioDelivery Sciences International, Inc.
(Exact name of small business issuer as specified in its charter)
| Delaware | 35-2089858 | |
| (State or other jurisdiction of incorporation or organization) |
(I.R.S. Employer Identification No.) |
185 South Orange Avenue, Administrative Building 4
Newark, New Jersey 07103
(Address of principal executive offices)
(973) 972-0015
(Issuer’s telephone number)
The Issuer had 7,085,863 shares of common stock issued and 6,985,863 shares of common stock outstanding as of June 30, 2004.
INTRODUCTORY NOTE
This Amendment No. 1 to the Quarterly Report on Form 10-QSB (the “10-QSB/A”) of BioDelivery Sciences International, Inc. (the “Company”) for the quarterly period ended June 30, 2004, as filed with the Securities and Exchange Commission (“SEC”) on August 18, 2004, is being filed solely for the purpose of amending Exhibits 31.1 and 31.2 thereto. The amendment to such exhibits is to correct a clerical error included in the original exhibit filing.
This 10-QSB/A does not reflect events occurring after the filing of the original Form 10-QSB, or modify or update the disclosures therein in any way other than as required to reflect the amendment set forth above. The filing of this Form 10-QSB/A shall not be deemed an admission that the original filing, when made, included any untrue statement of a material fact or omitted to state a material fact necessary to make a statement not misleading.
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Item 6. Exhibits and Reports on Form 8-K.
| (a) | Exhibits |
| Exhibit Index Number |
Description | |
| 31.1 | Certification Pursuant To Sarbanes-Oxley Section 302 | |
| 31.2 | Certification Pursuant To Sarbanes-Oxley Section 302 | |
| 32.1 | Certification Pursuant To 18 U.S.C. Section 1350 (*) | |
| 32.2 | Certification Pursuant To 18 U.S.C. Section 1350 (*) | |
| * | A signed original of this written statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request. |
| (b) | Reports on Form 8-K |
On June 4, 2004, the Company filed a Current Report on Form 8-K regarding its license agreement with Accentia, Inc.
SIGNATURES
Pursuant to the requirements of the Exchange Act, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized.
| BIODELIVERY SCIENCES INTERNATIONAL, INC. | ||||
| Date: August 30, 2004 | By: | /s/ Francis E. O’Donnell, Jr. | ||
| Francis E. O’Donnell, Jr., | ||||
| President and Chief Executive Officer | ||||
| (Principal Executive Officer) | ||||
| Date: August 30, 2004 | By: | /s/ James A. McNulty | ||
| James A. McNulty, Secretary, Treasurer and Chief Financial Officer | ||||
| (Principal Financial Officer) | ||||