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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
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FORM 8-K
CURRENT REPORT PURSUANT
TO SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934
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Date of Report (Date of earliest event reported) June 5, 2006
Delcath Systems, Inc.
(Exact name of registrant as specified in its charter)
Delaware 001-16133 06-1245881
(State or other jurisdiction (Commission (IRS Employer
Of incorporation) File Number) Identification No.)
1100 Summer Street
Stamford, Connecticut 06905
(Address of principal executive offices) (Zip Code)
(203) 323-8668
(Registrant's telephone number, including area code.)
N/A
(Former name and 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))
Item 8.01 Other Events.
In the course of Delcath Systems, Inc.'s (Nasdaq: DCTH) (the "Company") periodic
review of its corporate records, it has come to the attention of the Company
that an incorrect version of the Company's Amended and Restated Certificate of
Incorporation is on file with the Securities and Exchange Commission (the
"SEC"). The Company is hereby correcting this inadvertent error by filing with
the SEC the correct version of the Company's Amended and Restated Certificate of
Incorporation, which is attached to this Current Report on Form 8-K as Exhibit
3.1.
Item 9.01 Financial Statements and Exhibits
(a) Financial Statements of Businesses Acquired.
Not applicable.
(b) Pro Forma Financial Information.
Not applicable.
(c) Exhibits.
The following materials are attached as exhibits to this Current Report on Form
8-K:
Exhibit
Number Description
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3.1 Amended and Restated Certificate of Incorporation of Delcath Systems,
Inc., as amended to June 30, 2005.
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2
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.
Date: June 5, 2006 DELCATH SYSTEMS, INC.
By: /s/ M.S. Koly
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Name: M.S. Koly
Title: President and Chief
Executive Officer
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EXHIBIT INDEX
Exhibit
Number Description
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3.1 Amended and Restated Certificate of Incorporation of Delcath Systems,
Inc., as amended to June 30, 2005.