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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
Date of Report (Date of earliest event reported): February 20, 2009
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of
the following provisions:
® Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
® Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
® Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2-(b))
® Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
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FORM 8-K
The Monthly Operating Report is limited in scope, covers a limited time period and has been prepared solely for the purpose of complying with
reporting requirements of the Bankruptcy Court and the Bankruptcy Code, 11 U.S.C. §§ 101-1532 (the “Bankruptcy Code”). The financial
information contained in the Monthly Operating Report is preliminary and unaudited and does not purport to show the financial statements of
any of the Debtors in accordance with accounting principles generally accepted in the United States of America (“GAAP”) and, therefore, may
exclude items required by GAAP, such as certain reclassifications, eliminations, accruals and disclosure items. The Company cautions readers
not to place undue reliance on the Monthly Operating Report. The Monthly Operating Report may be subject to revision. The Monthly
Operating Report is in a format required by the Bankruptcy Court and the Bankruptcy Code and should not be used for investment purposes.
The information in the Monthly Operating Report should not be viewed as indicative of future results.
This Current Report on Form 8-K sets forth statements that are not strictly historical in nature and such statements are referred to as “forward-
looking statements.” The forward-looking statements in this Form 8-K include statements about our product development programs, clinical
trials for our BiovaxID® and SinuNaseTM products and potential future market opportunity. Such forward-looking statements are subject to
known and unknown risks, uncertainties, and other factors that may cause our actual results to be materially different from any results
expressed or implied by such forward-looking statements. These factors include, but are not limited to, risks and uncertainties related to the
progress, timing, cost, and results of the Company’s clinical trials and product development programs. All forward looking statements in this
Form 8-K are qualified in their entirety by this cautionary statement, and we undertake no obligation to revise or update this Current Report on
Form 8-K to reflect events or circumstances after the date hereof.
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 thereunder duly authorized.
EXHIBIT INDEX
Exh ibit
Nu m be r De scription
99.1 Monthly Operating Report of Accentia Biopharmaceuticals, Inc. for the period January 1, 2009 through January 31, 2009 filed in the
United States Bankruptcy Court Middle District of Florida Case No. 8:08-bk-17795-KRM Document No. 190
Exhibit 99.1
FOR THE PERIOD BEGINNING: January 1, 2009 Period ending January 31, 2009
Name of Debtor: Accentia Biopharmaceuticals, Inc. Case Number: 8:08-bk-17795-KRM
Date of Petition: November 10, 2008
C URRENT C UMULATIVE
MO NTH PETITIO N TO DATE
1. FUNDS AT BEGINNING OF PERIOD $299,808.08 $ 281,590.31
2. RECEIPTS:
A. Cash Sales
B. Accounts Receivable
C. Other Receipts (See MOR-3) 18,814.77 328,432.98
D. Transfer from subsidiaries - TEAMM — 215,644.58
- Analytica 292,533.20 530,734.91
- A.S.P. — 30,731.41
- AccentRx 4,327.23 4,327.23
- Biovest (shared expenses) 40,855.58 152,646.96
3. TOTAL RECEIPTS (Lines 2A+2B+2C) 356,530.78 1,262,518.07
4. TOTAL FUNDS AVAILABLE FOR OPERATIONS (1+3) 656,338.86 1,544,108.38
5. DISBURSEMENTS
A. Advertising — —
B. Bank Charges / Payroll Fees 4,885.18 6,231.42
C. Contract Labor — —
D. Fixed Asset Payments (not incl in N) — —
E. Insurance 52,647.85 236,698.16
F. Inventory Payments (See Attach. 2) — —
G. Leases 1,343.30 2,288.85
H. Manufacturing Supplies — —
I. Office Supplies 3,552.21 4,341.44
J. Payroll – Net (see Attachment 4B) 88,224.02 352,440.21
K. Professional Fees (Accounting/Legal) 19,577.84 21,617.84
L. Rent 15,089.50 44,083.76
M. Repairs and Maintenance 360.00 360.00
N. Secured Creditor Payments (Attach. 2) — —
O. Taxes Paid – Payroll (Attach. 4C) 44,580.45 183,540.71
P. Taxes Paid – Sales and Use (Attach. 4C) — —
Q. Taxes Paid – Other (Attach. 4C) — 1,000.00
R. Telephone / Internet 6,093.84 19,677.22
S. Travel and Entertainment 106.80 14,648.06
Y. U.S. Trustee Quarterly Fees 12,025.00 12,025.00
U. Utilities — 819.31
V. Vehicle Expenses — —
W. Other Operating Expenses (See MOR-3) 1,200.00 26,829.71
X. Transfer to subsidiaries - Analytica 84,231.15 270,084.97
- Biovest(shared expenses) — 25,000.00
TOTAL DISBURSEMENTS (Sum of 5A thru W) 333,917.14 1,221,686.66
ENDING BALANCE (Line 4 Minus Line 6)(c) 322,421.72 322,421.72
I declare under penalty of perjury that this statement and the accompanying documents and reports are true and correct to the best of my
knowledge and belief.
OTHER RECEIPTS:
Describe Each Item of Other Receipt and List Amount of Receipt. Write totals on Page MOR-2, Line 2C.
C u m u lative
De scription C u rre n t Month Pe tition to Date
Collections for TEAMM receivables and Cobra $ 0 $ 278,852.74
Collections for A.S.P. receivables 10,152.03 19,488.21
Collections for Analytica 0 $ 6,975.00
COBRA checks for Accentia 8,662.74 23,117.03
TOTAL OTHER RECEIPTS $ 18,814.77 $ 328,432.98
“Other Receipts” includes Loans from Insiders and other sources (i.e. Officer/Owner, related parties directors, related corporations, etc.).
Please describe below: N/A
OTHER DISBURSEMENTS:
Describe Each Item of Other Disbursement and List Amount of Disbursement. Write totals on Page MOR-2, Line 5W.
C u m u lative
De scription C u rre n t Month Pe tition to Date
Southeastern Document Service – document handling for bankruptcy filing $ 0 $ 1,247.60
RR Donnelly – SEC filings $ 1,200.00 $ 4,700.00
Garrison Hasara – overnight postage charge for payroll disbursement (Fed-Ex refused service) $ 0 $ 1,087.24
Bill McNulty – moving expenses (closed 2nd floor of Tampa office) $ 0 $ 986.57
Promontech – sample inventory destruction $ 0 $ 18,808.30
TOTAL OTHER DISBURSEMENTS $ 1,200.00 $ 26,829.71
NOTE: Attach a current Balance Sheet and Income (Profit & Loss) Statement.
MOR-2
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ATTACHMENT 1
Reporting Period beginning January 1, 2009 Period ending January 31, 2009
(Include all accounts receivable, pre-petition and post-petition, including charge card sales which have not been received):
For any receivables in the “Over 90 Days” category, please provide the following: N/A
(a) This number is carried forward from last month’s report. For the first report only, this number will be the balance as of the petition date.
(b) This must equal the number reported in the “Current Month” column of Schedule of Receipts and Disbursements (Page MOR-2, Line 2B).
(c) These two amounts must equal.
MOR-3
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ATTACHMENT 2
In the space below list all invoices or bills incurred and not paid since the filing of the petition. Do not include amounts owed prior to filing the
petition. In the alternative, a computer generated list of payables may be attached provided all information requested below is included. SEE
ATTACHED
Date
Date Incu rre d O u tstan ding Ve n dor De scription Am ou n t
See attached
TOTAL AMOUNT(b)
® Check here if pre-petition debts have been paid. Attach an explanation and copies of supporting documentation.
List the status of Payments to Secured Creditors and Lessors (Post Petition Only). If you have entered into a modification agreement with a
secured creditor/lessor, consult with your attorney and the United States Trustee Program prior to completing this section).
Date Nu m be r of Total Am ou n t of
Paym e n t Am ou n t Post Pe tition Post Pe tition
Du e Th is Paid Th is Paym e n ts Paym e n ts
S e cu re d C re ditor/Le ssor Mon th Mon th De lin qu e n t De lin qu e n t
N/A
Total(d)
(a) This number is carried forward from last month’s report. For the first report only, this number will be zero.
(b, c) The total of line (b) must equal line (c).
(d) This number is reported in the “Current Month” column of Schedule of Receipts and Disbursements (Page MOR-2, Line 5N).
MOR-4
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ATTACHMENT 3
INVENTORY REPORT
INVENTORY AGING
% % % % = 100%*
* Aging Percentages must equal 100%.
® Check here if inventory contains perishable items.
BRIEF DESCRIPTION OF FIXED ASSETS PURCHASED OR DISPOSED OF DURING THE REPORTING PERIOD: N/A
(a) This number is carried forward from last month’s report. For the first report only, this number will be the balance as of the petition date.
(b) Fair Market Value is the amount at which fixed assets could be sold under current economic conditions.
Book Value is the cost of the fixed assets minus accumulated depreciation and other adjustments.
MOR-5
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ATTACHMENT 4A
Attach a copy of current month bank statement and bank reconciliation to this Summary of Bank Activity. A standard bank reconciliation form
can be found at http://www.usdoj.gov/ust/r21/index.htm. If bank accounts other than the three required by the United States Trustee Program
are necessary, permission must be obtained from the United States Trustee prior to opening the accounts. Additionally, use of less than the
three required bank accounts must be approved by the United States Trustee.
The following disbursements were paid in Cash (do not include items reported as Petty Cash on Attachment 4D: (® Check here if cash
disbursements were authorized by United States Trustee)
“Total Amount of Outstanding Checks and other debits”, listed above, includes:
MOR-6
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ATTACHMENT 5A
Account for all disbursements, including voids, lost checks, stop payments, etc. In the alternative, a computer generated check register can be
attached to this report, provided all the information requested below is included. NONE
C HEC K
DATE NUMBER PAYEE PURPO S E AMO UNT
TOTAL $
MOR-7
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ATTACHMENT 4A2
Attach a copy of current month bank statement and bank reconciliation to this Summary of Bank Activity. A standard bank reconciliation form
can be found at http://www.usdoj.gov/ust/r21/index.htm. If bank accounts other than the three required by the United States Trustee Program
are necessary, permission must be obtained from the United States Trustee prior to opening the accounts. Additionally, use of less than the
three required bank accounts must be approved by the United States Trustee.
The following disbursements were paid in Cash (do not include items reported as Petty Cash on Attachment 4D: (® Check here if cash
disbursements were authorized by United States Trustee)
MOR-8
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ATTACHMENT 5A2
Account for all disbursements, including voids, lost checks, stop payments, etc. In the alternative, a computer generated check register can be
attached to this report, provided all the information requested below is included. SEE SEPARATE REGISTER
C HEC K
DATE NUMBER PAYEE PURPO S E AMO UNT
TOTAL $
MOR-9
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ATTACHMENT 4B
Attach a copy of current month bank statement and bank reconciliation to this Summary of Bank Activity. A standard bank reconciliation form
can be found at http://www.usdoj.gov/ust/r21/index.htm.
The following disbursements were paid by Cash: (® Check here if cash disbursements were authorized by United States Trustee)
(a) The total of this line on Attachment 4A, 4B and 4C plus the total of 4D must equal the amount reported as “Ending Balance” on Schedule
of Receipts and Disbursements (Page MOR-2, Line 7).
MOR-10
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ATTACHMENT 5B
Account for all disbursements, including voids, lost payments, stop payment, etc. In the alternative, a computer generated check register can
be attached to this report, provided all the information requested below is included.
C HEC K
DATE NUMBER PAYEE PURPO S E AMO UNT
TOTAL $
MOR-11
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ATTACHMENT 4C
Reporting Period beginning January 1, 2009 Period ending January 31, 2009
Attach a copy of current month bank statement and bank reconciliation to this Summary of Bank Activity. A standard bank reconciliation form
can be found on the United States Trustee website, http://www.usdoj.gov/ust/r21/index.htm.
The following disbursements were paid by Cash: (® Check here if cash disbursements were authorized by United States Trustee)
The following non-tax disbursements were made from this account: N/A
(a) The total of this line on Attachment 4A, 4B and 4C plus the total of 4D must equal the amount reported as “Ending Balance” on Schedule
of Receipts and Disbursements (Page MOR-2, Line 7).
MOR-12
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ATTACHMENT 5C
Reporting Period beginning January 1, 2009 Period ending January 31, 2009
Account for all disbursements, including voids, lost checks, stop payments, etc. In the alternative, a computer-generated check register can be
attached to this report, provided all the information requested below is included.
C HEC K
DATE NUMBER PAYEE PURPO S E AMO UNT
TOTAL (d) $
* This amount was paid by check through the Accentia Operating Account.
MOR-13
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ATTACHMENT 4D
INVESTMENT ACCOUNTS
Each savings and investment account, i.e. certificates of deposits, money market accounts, stocks and bonds, etc., should be listed separately.
Attach copies of account statements.
Type of Negotiable
C u rre n t
Face Purchase Date of Mark e t
Instru m e n t Value Price Purchase Value
N/A
TOTAL(a) $
(C olum n 3) (C olum n 4)
(C olum n 2) Am ou n t of Diffe re n ce
Maxim u m Pe tty C ash be twe e n
Am ou n t of C ash O n Hand At (C olum n 2)
Location of Box/Accoun t in Drawe r/Acct. En d of Mon th an d (C olum n 3)
N/A
TOTAL(b) $
For any Petty Cash Disbursements over $100 per transaction, attach copies of receipts. If there are no receipts, provide an explanation
(c) The total of this line on Attachment 4A, 4B and 4C plus the total of 4D must equal the amount reported as “Ending Balance” on Schedule
of Receipts and Disbursements (Page MOR-2, Line 7).
MOR-14
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ATTACHMENT 6
Reporting Period beginning January 1, 2009 Period ending January 31, 2009
Report all unpaid post-petition taxes including Federal and State withholding FICA, State sales tax, property tax, unemployment tax, State
workmen’s compensation, etc.
Date of
Last Tax
Date Re turn Tax Re turn
Nam e of Taxin g Au thority Paym e n t Due De scription Am ou n t File d Pe riod
N/A
TOTAL $
MOR-15
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ATTACHMENT 7
Reporting Period beginning January 1, 2009 Period ending January 31, 2009
Report all forms of compensation received by or paid on behalf of the Officer or Owner during the month. Include car allowances, payments to
retirement plans, loan repayments, payments of Officer/Owner’s personal expenses, insurance premium payments, etc. Do not include
reimbursement for business expenses Officer or Owner incurred and for which detailed receipts are maintained in the accounting records.
Paym e n t
Nam e of O ffice r or O wn e r Title De scription Am ou n t Paid
Samuel Duffey President, General Counsel Salary $ 13,961.54
Alan Pearce C.F.O. Salary 11,452.18
James McNulty Treasurer Salary 4,634.68
PERSONNEL REPORT
CONFIRMATION OF INSURANCE
List all policies of insurance in effect, including but not limited to workers’ compensation, liability, fire, theft, comprehensive, vehicle, health
and life. For the first report, attach a copy of the declaration sheet for each type of insurance. For subsequent reports, attach a certificate of
insurance for any policy in which a change occurs during the month (new carrier, increased policy limits, renewal, etc.). SEE ATTACHED
Date
Phon e C ove rage Expiration Pre m ium
Age n t an d/or C arrie r Nu m be r Policy Nu m be r Type Date Du e
Date
Policy Type Date Lapse d Re instate d Re ason for Lapse
® Check here if U. S. Trustee has been listed as Certificate Holder for all insurance policies.
MOR-16
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ATTACHMENT 8
Information to be provided on this page, includes, but is not limited to: (1) financial transactions that are not reported on this report, such as
the sale of real estate (attach closing statement); (2) non-financial transactions, such as the substitution of assets or collateral;
(3) modifications to loan agreements; (4) change in senior management, etc. Attach any relevant documents. N/A
MOR-17