UNITED STATES 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 August 8, 2003 -------------- (Date of Report) ELITE PHARMACEUTICALS, INC. --------------------------- (Exact name of registrant as specified in its charter) Delaware 333-45241 22-3542636 -------- --------- ---------- (State or other jurisdiction (Commission (IRS Employer of incorporation) File Number) Identification No.) 165 Ludlow Avenue Northvale, New Jersey 07647 --------------------------------------------- (Address of principal executive offices) 201 750-2646 ------------ (Registrant's telephone number, including area code) Item 5. Other Events and Regulation FD Disclosure On August 8, 2003, Registrant issued a press release disclosing that its Board of Directors has authorized its officers to negotiate a merger agreement with Nostrum Pharmaceuticals Inc., a privately-held developer of drug delivery products ("Nostrum") to provide for the acquisition of Nostrum in exchange for shares of Registrant's Common Stock and options to acquire additional shares of Registrant's Common Stock. See Item 7(c). No assurance can be given that any agreement will be executed or, if executed, that any transaction will result therefor. Item 7. Financial Statements and Exhibits a) Not applicable. b) Not applicable. c) Exhibits. Exhibit No. Document Description ----------- -------------------- 99.1 Copy of Press Release dated August 8, 2003 SIGNATURE 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 hereunto duly authorized. DATED: AUGUST 8, 2003 ELITE PHARMACEUTICALS, INC. By: /s/ Mark Gittelman ------------------------------------- Name: Mark Gittelman Title: Chief Financial Officer