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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

FORM 10-Q/A

     
(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, 2003
     
    OR
     
o   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: 001-16033

ESPERION THERAPEUTICS, INC.
(Exact name of registrant as specified in its charter)

     
Delaware   38-3419139
(State of incorporation)   (IRS Employer Identification No.)

3621 S. State Street,
695 KMS Place
Ann Arbor, MI 48108
(734) 332-0506
(Address of principal executive offices, including zip
code, and 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.

     
x Yes   o No

     Indicate by check mark whether the registrant is an accelerated filer (as defined in Rule 12b-2 of the Exchange Act).

     
x Yes   o No

     The number of outstanding shares of the registrant’s common stock, as of August 8, 2003, was 33,577,270.

 

TABLE OF CONTENTS

SIGNATURES
INDEX TO EXHIBITS
Advisory Services Agreement
Certification
Certification

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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.

         
Dated: October 28, 2003       ESPERION THERAPEUTICS, INC.
        (Registrant)
         
         
    By:   /s/ Roger S. Newton
Roger S. Newton
        President and Chief Executive Officer
        (Principal Executive Officer)
         
    By:   /s/ Timothy M. Mayleben
Timothy M. Mayleben
        Chief Operating Officer
        and Chief Financial Officer
        (Principal Financial Officer)

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INDEX TO EXHIBITS

     
Number   Exhibit
 
10.55**   Advisory Services Agreement among Scheer & Company, Inc., David I. Scheer and Esperion Therapeutics, Inc. dated as of April 28, 2003.†
     
10.56+   Employment arrangement between Adeoye Y. Olukotun and Esperion Therapeutics, Inc. dated June 4, 2003.
     
10.57+   Amendment No. 1 to Esperion Therapeutics, Inc. 2000 Equity Compensation Plan (Amended and Restated Effective April 18, 2002).
     
10.58+   Office Lease between State 94 Properties, L.L.C. and Esperion Therapeutics, Inc. dated as of June 28, 2003.
     
31.1+   Certification pursuant to Rules 13a-14 (a) or 15d-14 (a) promulgated under the Securities Exchange Act of 1934, as amended.
     
31.2+   Certification pursuant to Rules 13a-14 (a) or 15d-14 (a) promulgated under the Securities Exchange Act of 1934, as amended.
     
31.3**   Certification pursuant to Rules 13a-14 (a) or 15d-14 (a) promulgated under the Securities Exchange Act of 1934, as amended.
     
31.4**   Certification pursuant to Rules 13a-14 (a) or 15d-14 (a) promulgated under the Securities Exchange Act of 1934, as amended.
     
32.1+   Certification pursuant to 18 U.S.C. Section 1350.
     
32.2+   Certification pursuant to 18 U.S.C. Section 1350.
     
†   Confidential treatment requested with respect to portions of the Agreement indicated with brackets and asterisks [*      *]. A complete copy of this Agreement, including the redacted portions, has been separately filed with the Securities and Exchange Commission.
     
**   Filed herewith.
     
+   Previously filed.

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