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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 10-Q/A
AMENDMENT NO. 1
(Mark One)
[X] QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE
ACT OF 1934
For the quarterly period ended June 30, 2000
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: 0-21130
ENCHIRA BIOTECHNOLOGY CORPORATION
(Exact name of registrant as specified in its charter)
DELAWARE 04-3078857
(State or other jurisdiction of (I.R.S. Employer
incorporation or organization) Identification No.)
4200 RESEARCH FOREST DRIVE
THE WOODLANDS, TEXAS 77381
(address of principal executive offices) (zip code)
281-419-7000
(Registrant's telephone number, including area code)
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
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As of August 1, 2000, there were outstanding 7,037,912 shares of
Common Stock, par value $.01 per share, of the registrant.
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PRELIMINARY NOTE
This Amendment No. 1 to the Registrant's Quarterly Report on Form 10-Q for
the period ending June 30, 2000 is being filed solely for the purpose of
filing Exhibit 10.1, which was inadvertently omitted from the Registrant's
Form 10-Q filed on August 14, 2000.
PART II. OTHER INFORMATION
ITEM 6. EXHIBITS AND REPORTS ON FORM 8-K
a. Exhibits
3.1(a)+ Amended and Restated Certificate of Incorporation
(incorporated by reference to Exhibit 2 to Post Effective Amendment No. 1
(the "1993 8-A Amendment") to the Company's Registration Statement on Form
8-A as filed with the Commission on March 15, 1993).
3.1(b)+ Certificate of Amendment to the Amended and Restated
Certificate of Incorporation (incorporated by reference to Exhibit 3.1 to the
Company's Current Report on Form 8-K filed June 22, 2000).
3.1(c)+ Certificate of Designation of Series One Junior
Participating Preferred Stock (incorporated by reference to Exhibit 3.1(c) to
the Company's Annual Report on Form 10-K for the fiscal year ended December
31, 1994).
4.1+ Stockholder Rights Agreement, dated March 8, 1995, between
the Company and Society National Bank (predecessor in interest to Harris
Trust & Savings Bank) as Rights Agent (incorporated by reference to Exhibit 1
to the Company's Registration Statement on Form 8-A (the "Form 8-A") filed
with the Securities and Exchange Commission on March 13, 1995).
4.2+ Form of Rights Certificate (incorporated by reference to
Exhibit B to the Stockholder Rights Agreement filed as Exhibit 1 to the Form
8-A).
4.3+ First Amendment to Stockholder Rights Agreement, dated as
of April 30, 1997, between the Company and Harris Trust & Savings Bank, as
Rights Agent (incorporated by reference to Exhibit 4.3 to Post Effective
Amendment No. 2 (the "2000 8-A Amendment") to the Company's Registration
Statement on Form 8-A as filed with the Commission on June 23, 2000).
4.4+ Second Amendment to Stockholder Rights Agreement, dated as
of June 23, 2000, between the Company and Harris Trust & Savings Bank, as
Rights Agent (incorporated by reference to Exhibit 4.4 to the 2000 8-A
Amendment).
10.1++ License Agreement dated May 17, 2000 between Genencor
International, Inc. and the Company.
11.1* Statement regarding Computation of Per Share Earnings.
27.1* Financial Data Schedule.
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+ Incorporated herein by reference.
++ Portions of this exhibit have been omitted based on a request for
confidential treatment pursuant to Rule 24b-2 of the Exchange Act. Such
omitted portions have been filed separately with the Commission.
* Previously filed with the original Form 10-Q filed on August 14, 2000.
b. Reports on Form 8-K
On May 24, 2000, the Company filed a current report on Form 8-K
reporting an event under Item 5.
On June 23, 2000, the Company filed a current report on Form 8-K
reporting an event under Item 5.
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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, thereunto duly authorized.
Enchira Biotechnology Corporation
By: /s/ Peter P. Policastro
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Peter P. Policastro
Chief Executive Officer and President
Date: November 10, 2000
By: /s/ Paul G. Brown III
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Paul G. Brown III
Vice President, Finance and Administration and
Chief Financial Officer
Date: November 10, 2000
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