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UNITED STATES SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 10-K/A
(Amendment No. 1)
(Mark One)
[X] ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934
FOR THE FISCAL YEAR ENDED DECEMBER 31, 2002
OR
[ ] 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: 00-26078
eXegenics Inc.
(Exact name of registrant as specified in its charter)
DELAWARE 75-2402409
(State or other jurisdiction of (I.R.S. Employer
incorporation or organization) Identification No.)
2110 RESEARCH ROW 75235
DALLAS, TEXAS (Zip Code)
(Address of principal executive offices)
REGISTRANT'S TELEPHONE NUMBER, INCLUDING AREA CODE:
(214) 358-2000
SECURITIES REGISTERED PURSUANT TO SECTION 12(b) OF THE ACT:
TITLE OF EACH CLASS NAME OF EACH EXCHANGE ON WHICH REGISTERED
------------------- -----------------------------------------
N/A N/A
SECURITIES REGISTERED PURSUANT TO SECTION 12(g) OF THE ACT:
COMMON STOCK, $0.01 PAR VALUE PER SHARE
(TITLE OF CLASS)
Indicate by check mark whether the registrant (1) has filed all reports
required to be filed by Section 13 or 15(d) of the Securities Exchange Act of
1934 during the preceding 12 months (or for such shorter period that the
registrant was required to file such reports), and (2) has been subject to such
filing requirements for the past 90 days. Yes [X] No [ ]
Indicate by check mark if disclosure of delinquent filers pursuant to Item
405 of Regulation S-K is not contained herein, and will not be contained, to the
best of registrant's knowledge, in definitive proxy or information statements
incorporated by reference in Part III of this Form 10-K or any amendment to this
Form 10-K. [ ]
Indicate by check mark whether the registrant is an accelerated filer (as
defined in Exchange Act Rule 12b-2). Yes [ ] No [X]
The aggregate market value of the registrant's voting stock held by
non-affiliates of the registrant (without admitting that any person whose shares
are not included in such calculation is an affiliate) on March 17, 2003 was
$10,478,970, based on the last sale price as reported by The Nasdaq Stock
Market.
As of March 17, 2003, the registrant had 16,184,486 shares of common stock
outstanding.
DOCUMENTS INCORPORATED BY REFERENCE
Certain information required in Part III of this Annual Report on Form
10-K, filed on March 20, 2003 is incorporated from the Registrant's Proxy
Statement for the Annual Meeting of Stockholders to be held on May 19, 2003.
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Explanatory Note
This amendment is being filed to add a date and clarify language in the
Consent of Eisner LLP, Which was filed as Exhibit 23.2 to the Annual Report on
Form 10-K filed on March 20, 2003.
PART IV
ITEM 15. EXHIBITS, FINANCIAL STATEMENT SCHEDULES AND REPORTS ON FORM 8-K.
(a)(3) Exhibits
23.2 -- Consent of Eisner LLP
99.1 -- Certifications pursuant to Section 302 of the Sarbanes-Oxley
Act of 2002.
99.2 -- Certifications pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002.
SIGNATURES
Pursuant to the requirements of Section 13 or 15(d) of the Securities
Exchange Act of 1934, the registrant has duly caused this report to be signed on
its behalf by the undersigned, thereunto duly authorized.
EXEGENICS INC.
By: /s/ RONALD L. GOODE
------------------------------------
Name: Ronald L. Goode
Title: Chairman, President and
Chief Executive Officer
Date: April 8, 2003
Pursuant to the requirements of the Securities Exchange Act of 1934, this
report has been signed below by the following persons on behalf of the
registrant and in the capacities indicated below and on the dates indicated.
SIGNATURES TITLE DATE
---------- ----- ----
By: /s/ RONALD L. GOODE Director, President and Chief April 8, 2003
------------------------------------------ Executive Officer
Ronald L. Goode (Principal Executive Officer)
By: /s/ DAVID E. RIGGS Vice President, Finance April 8, 2003
------------------------------------------ (Chief Financial Officer)
David E. Riggs
By: /s/ JOSEPH M. DAVIE Director April 8, 2003
------------------------------------------
Joseph M. Davie
By: /s/ ROBERT J. EASTON Director April 8, 2003
------------------------------------------
Robert J. Easton
By: /s/ GARY E. FRASHIER Director April 8, 2003
------------------------------------------
Gary E. Frashier
By: /s/ IRA J. GELB Director April 8, 2003
------------------------------------------
Ira J. Gelb
By: /s/ IRWIN C. GERSON Director April 8, 2003
------------------------------------------
Irwin C. Gerson
By: /s/ WALTER M. LOVENBERG Director April 8, 2003
------------------------------------------
Walter M. Lovenberg
INDEX TO EXHIBITS
EXHIBIT
NUMBER DESCRIPTION
------- -----------
23.2 -- Consent of Eisner LLP
99.1 -- Certifications pursuant to Section 302 of the Sarbanes-Oxley Act of 2002.
99.2 -- Certifications pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.