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SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
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FORM 8-A
FOR REGISTRATION OF CERTAIN CLASSES OF SECURITIES
PURSUANT TO SECTION 12(B) OR 12(G) OF THE
SECURITIES EXCHANGE ACT OF 1934
AVATEX FUNDING, INC.
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(EXACT NAME OF REGISTRANT AS SPECIFIED IN ITS CHARTER)
Delaware 75-2832486
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(State of Incorporation or Organization) (I.R.S. Employer Identification no.)
5910 North Central Expressway,
Suite 1780
Dallas, Texas 75206
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(Address of Principal Executive Offices) (Zip Code)
If this form relates to the registration of a class of securities pursuant to
Section 12(b) of the Exchange Act and is effective upon filing pursuant to
General Instruction A.(c), please check the following box. [ ]
If this form relates to the registration of a class of securities pursuant to
Section 12(g) of the Exchange Act and is effective upon filing pursuant to
General Instruction A.(d), please check the following box. [x]
Securities Act registration statement file number to which this form relates:
333-84849
Securities to be registered pursuant to Section 12(b) of the Act:
None.
Securities to be registered pursuant to Section 12(g) of the Act:
Title of Each Class
to be so Registered
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6.75% Notes due 2002
810471 v.1
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ITEM 1. DESCRIPTION OF REGISTRANT'S SECURITIES TO BE REGISTERED
Reference is made to the information contained under the captions
"Description of the Avatex Funding 6.75% Notes" and "Material Federal Income Tax
Consequences of the Merger--Treatment of the 6.75% Notes" of the preliminary
Proxy Statement/Prospectus, dated October 12, 1999, contained in the
Registration Statement on Form S-4 (File No. 333-84849) filed by Avatex Funding,
Inc. (the "Company") under the Securities Act of 1933, for a description of the
Company's 6.75% Notes due 2002 (the "6.75% Notes") being registered hereby. Such
information is incorporated by reference.
ITEM 2. EXHIBITS
1. Form of Indenture relating to the 6.75% Notes (incorporated herein
by reference to Exhibit 4-A to the Company's Registration Statement on Form S-4,
No. 333-84849).
2. Form of Subrogation Agreement by and between Bart A. Brown, Jr.,
as trustee under Chapter 7 of Title 11 of the United States Code of FoxMeyer
Corporation, et al., and the trustee for the 6.75% Notes (incorporated herein by
reference to Exhibit 10-X to the Company's Registration Statement on Form S-4,
No. 333-84849).
3. Form of Pledge and Security Agreement by Avatex Funding, Inc. and
Avatex in favor of the Collateral Agent for the collateral securing the 6.75%
Notes (incorporated herein by reference to Exhibit 10-Y to the Company's
Registration Statement on Form S-4, No. 333-84849).
4. Form of the Company's Restated Certificate of Incorporation to be
effective upon the effectiveness of the merger of Xetava Corporation with and
into Avatex Corporation (incorporated herein by reference to Exhibit 3-H to the
Company's Registration Statement on Form S-4, No. 333-84849).
5. Pages I-90 through I-104 and I-120 through I-122 of the Company's
preliminary Proxy Statement/Prospectus dated October 12, 1999 (incorporated
herein by reference to the Company's Registration Statement on Form S-4, No.
333-84849).
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SIGNATURE
Pursuant to the requirements of Section 12 of the Securities Exchange
Act of 1934, as amended, the registrant has duly caused this registration
statement to be signed on its behalf by the undersigned, thereto duly
authorized.
Dated: October 14, 1999
AVATEX FUNDING, INC.
By: /s/ Melvyn J. Estrin
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Name: Melvyn J. Estrin
Title: Co-Chairman of the Board and
Co-Chief Executive Officer
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EXHIBIT INDEX
EXHIBIT NUMBER DESCRIPTION OF EXHIBIT
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1. Form of Indenture relating to the 6.75% Notes (incorporated
herein by reference to Exhibit 4-A to the Company's
Registration Statement on Form S-4, No. 333-84849).
2. Form of Subrogation Agreement by and between Bart A. Brown,
Jr., as trustee under Chapter 7 of Title 11 of the United
States Code of FoxMeyer Corporation, et al., and the trustee
for the 6.75% Notes (incorporated herein by reference to
Exhibit 10-X to the Company's Registration Statement on Form
S-4, No. 333-84849).
3. Form of Pledge and Security Agreement by Avatex Funding, Inc.
and Avatex in favor of the Collateral Agent for the collateral
securing the 6.75% Notes (incorporated herein by reference to
Exhibit 10-Y to the Company's Registration Statement on Form
S-4, No. 333-84849).
4. Form of the Company's Restated Certificate of Incorporation of
to be effective upon the effectiveness of the merger of Xetava
Corporation with and into Avatex Corporation (incorporated
herein by reference to Exhibit 3-H to the Company's
Registration Statement on Form S-4, No. 333-84849).
5. Pages I-90 through I-104 and I-120 through I-122 of the
Company's preliminary Proxy Statement/Prospectus dated October
12, 1999 (incorporated herein by reference to the Company's
Registration Statement on Form S-4, No. 333-84849).
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