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XOMA 10-Q 2010 UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
Washington,
D.C. 20549
FORM
10-Q/A
(Amendment
No. 1)
For
the quarterly period ended September 30, 2009
or
For the transition period from __________to __________
Commission
File No. 0-14710
XOMA
Ltd.
(Exact
name of registrant as specified in its charter)
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 o
Indicate
by check mark whether the registrant has submitted electronically and posted on
its corporate Web site, if any, every Interactive Data File required to be
submitted and posted pursuant to Rule 405 of Regulation S-T (§232.405 of this
chapter) during the preceding 12 months (or for such shorter period that the
registrant was required to submit and post such
files). Yes o No o
Indicate
by check mark whether the registrant is a large accelerated filer, an
accelerated filer, or a non-accelerated filer or a smaller reporting company.
See the definitions of “large accelerated filer,” “accelerated filer” and
“smaller reporting company” in Rule 12b-2 of the Exchange Act). (Check
one):
Indicate
by check mark whether the registrant is a shell company (as defined in Rule
12b-2 of the Exchange Act of
1934). Yes __ No x
Indicate
the number of shares outstanding of each of the issuer’s classes of common
stock, as of the latest practicable date.
Explanatory
Note
We are
filing this Amendment No. 1 (this “Amendment”) to our Quarterly Report on
Form 10-Q for the quarterly period ended September 30, 2009 (the “Form 10-Q”)
for the sole purpose of re-filing Exhibit 10.35 thereto in order to respond to
comments received from the staff of the Securities and Exchange Commission
regarding a request for confidential treatment of certain portions of Exhibit
10.35. In addition, as required by Rule 12b-15 under the Securities
Exchange Act of 1934, as amended, new certifications by our principal executive
officer and principal financial officer are being filed as exhibits to the Form
10-Q, and the Exhibit Index included in the Form 10-Q is being amended to
reflect certain technical corrections.
Except as
described above, no other changes have been made to the Form
10-Q. This Amendment does not modify or update the disclosures or
financial statements in the Form 10-Q or otherwise reflect any events occurring
after the original filing of the Form 10-Q. As a result, this
Amendment should be read in conjunction with the Form 10-Q.
XOMA
Ltd.
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.
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