Item  1.01 of this Current Report on Form 8-K are incorporated herein by reference. The rights of holders of the outstanding Rights issued under the Original Agreement were modified pursuant to the Rights Agreement.

ITEM 9.01. FINANCIAL STATEMENTS AND EXHIBITS.

 

(d)

Exhibits.

 

Exhibit Number		Description
4.1		Amended and Restated Rights Agreement entered into on October 19, 2009 between Hollis-Eden Pharmaceuticals, Inc. and American Stock Transfer and Trust Company, LLC, which includes as Exhibit A thereto a form of Amended and Restated Certificate of Designation, as Exhibit B thereto a revised Form of Right Certificate and as Exhibit C thereto a revised Summary of Rights to Purchase Preferred Shares.
4.2		Amended and Restated Certificate of Designation of Series B Junior Participating Preferred Stock, as filed with the Delaware Secretary of State on October 20, 2009.

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.

 

		HOLLIS-EDEN PHARMACEUTICALS, INC.
Dated: October 22, 2009		By:		/s/    ROBERT W. WEBER
				Robert W. Weber
				Chief Financial Officer

EXHIBIT INDEX

 

Exhibit No.		Description
4.1		Amended and Restated Rights Agreement entered into on October 19, 2009 between Hollis-Eden Pharmaceuticals, Inc. and American Stock Transfer and Trust Company, LLC., which includes as Exhibit A thereto a form of Amended and Restated Certificate of Designation, as Exhibit B thereto a revised form of Right Certificate and as Exhibit C thereto a revised Summary of Rights to Purchase Preferred Shares.
4.2		Amended and Restated Certificate of Designation of Series B Junior Participating Preferred Stock, as filed with the Delaware Secretary of State on October 20, 2009.