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FORM 10-K/A
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
[X] Annual Report pursuant to Section 13 or 15(d) of the Securities Exchange
Act of 1934 For the fiscal year ended JUNE 30, 1999
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 0-15963
INVIVO CORPORATION
(Exact name of registrant as specified in its charter)
DELAWARE 77-0115161
(State or other Jurisdiction (I.R.S. Employer
of Incorporation or Organization) Identification No.)
4900 HOPYARD RD. #210 PLEASANTON, CALIFORNIA 94588
(Address of principal executive offices) (Zip Code)
Registrant's telephone number, including area code: 925-468-7600
Securities registered pursuant to Section 12(b) of the Act:
NONE
Securities registered pursuant to Section 12(g) of the Act:
COMMON STOCK
Indicate by check mark whether the issuer (1) has filed all reports required to
be filed by Section 13 or 15(d) of the Exchange Act during the past 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. [X]
Based on the closing sales price of $13.125 on September 20, 1999, the aggregate
market value of registrant's voting Common Stock held by non-affiliates of the
registrant was approximately $56,187,500.
There were 4,280,949 shares of the registrant's Common Stock, $.01 par value,
outstanding on September 20, 1999.
DOCUMENTS INCORPORATED BY REFERENCE:
Portions of the Registrant's definitive proxy statement to be filed pursuant to
Regulation 14A not later than 120 days after the end of the fiscal year June 30,
1999 are incorporated by reference in Part III.
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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.
Invivo Corporation
/S/ JOHN F. GLENN
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John F. Glenn
Vice President-Finance/
Chief Financial Officer
October 7, 1999
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EXHIBIT 23.01
CONSENT OF INDEPENDENT AUDITORS
The Board of Directors
Invivo Corporation:
The audits referred to in our report dated July 28, 1999, included the related
financial statement schedule for each of the years in the three-year period
ended June 30, 1999, included in the annual report on Form 10-K. This financial
statement schedule is the responsibility of the Company's management. Our
responsibility is to express an opinion on this financial statement schedule
based on our audits. In our opinion, such financial statement schedule, when
considered in relation to the basic consolidated financial statements taken as a
whole, presents fairly in all material respects the information set forth
therein.
We consent to incorporation by reference in the registration statement Nos.
333-32749 and 333-68831) on Form S-8 of Invivo Corporation of our reports
relating to the consolidated balance sheets of Invivo Corporation and
subsidiaries as of June 30, 1999 and 1998, and the related statements of income,
stockholders' equity and cash flows for each of the years in the three-year
period ended June 30, 1999 and the related financial statement schedule, which
reports appear in the June 30, 1999 annual report on Form 10-K of
Invivo Corporation.
KPMG LLP
San Francisco, California
September 27, 1999
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