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 Report (Date of earliest event reported) September 9, 2003
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EXEGENICS INC.
(Exact name of registrant as specified in its charter)
Delaware 00-26078 75-2402409
(State or Other Jurisdiction (Commission File Number) (I.R.S. Employer
of Incorporation) Identification No.)
2110 Research Row
Dallas, Texas 75235
(Address of principal executive
offices including zip code)
(214) 358-2000
(Registrant's telephone number,
including area code)
N.A.
(Former name or former address, if changed since last report)
ITEM 5. OTHER EVENTS AND REGULATION FD DISCLOSURE.
On September 9, 2003, a First Amended Shareholder's Class and Derivative
Complaint was filed by The M&B Weiss Family Limited Partnership of 1996 (an
entity controlled by Melvyn Weiss, an eXegenics stockholder who is currently
involved in an effort to take control of the board of directors of the
Registrant) in the Delaware Court of Chancery against the Registrant and its
directors, purportedly as a class action on behalf of the plaintiff and on
behalf of all other similarly situated stockholders of the Registrant, and
purportedly as a derivative action on behalf of the Registrant against certain
directors and/or senior officers of the Registrant.
The amended complaint, which was filed in substitution for the complaint
previously filed by the same plaintiff on May 15, 2003, seeks, among other
things, court orders mandating: (i) that the amended complaint be declared a
proper class action and certifying the plaintiff as the class representative;
(ii) that the defendants restore to the Registrant all monies alleged to have
been wasted in connection with the aborted merger transactions with Innovative
Drug Delivery Systems, Inc. and AVI BioPharma, Inc.; (iii) that the defendants
cooperate with parties proposing bona fide transactions to maximize stockholder
value; (iv) that the defendants act independently so that the interests of the
Registrant's public shareholders will be protected; (v) that the individual
defendants ensure that no conflicts of interest exist between themselves and the
Registrant and its stockholders; and (vi) that the individual defendants account
to the Registrant, the plaintiff and the proposed class for damages suffered as
a result of the actions alleged in the amended complaint. The plaintiff is in
addition seeking an award of costs and attorneys' fees and expenses.
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, as
amended, the registrant has duly caused this report to be signed on its behalf
by the undersigned hereunto duly authorized.
EXEGENICS INC.
(Registrant)
Dated: September 11, 2003 By: /s/ Ronald L. Goode
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Ronald L. Goode
Chairman, President and Chief
Executive Officer