Item 1.01. Entry into a Material Definitive Agreement

On April 8, 2009 the Board of Directors of Delcath Systems, Inc. (the "Company") approved a form of indemnification agreement (the "Indemnification Agreement") and authorized the Company to enter into the Indemnification Agreement with each of its directors and executive officers (each, an "Indemnitee"). The Company expects that each of its directors and executive officers will execute an Indemnification Agreement as soon as practicable.

The Indemnification Agreement requires the Company to hold harmless and to indemnify each Indemnitee to the fullest extent authorized or permitted by the Delaware General Corporation Law and the Company's Amended and Restated Certificate of Incorporation and Amended and Restated Bylaws, subject to specified limitations. The Indemnification Agreement provides for advancement of reasonable expenses to an Indemnitee within 20 days after the Company receives an Indemnitee's invoices for such expenses. An Indemnitee will be required to reimburse the Company for reasonable expenses paid by the Company, however, if it shall be ultimately determined that the Indemnitee is not entitled to indemnification.

The foregoing summary of the Indemnification Agreement is qualified in its entirety by reference to Exhibit 10.1 of this Current Report on Form 8-K, the content of which is hereby incorporated by reference herein.

Item 9.01. Financial Statements and Exhibits

(d) Exhibits

Exhibit Description
Number

10.1 Form of Indemnification Agreement adopted on April 8, 2009.

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