On September 1, 2009, Delcath Systems, Inc. (the "Company") entered into a lease with option to purchase (the "Lease") with Fitzgerald Brothers Beverages, Inc. (the "Landlord"), for the real property and a free standing building thereon, containing approximately 10,320 square feet located at 566 Queensbury Avenue, Kingsbury, New York (the "Facility"). The Facility will house the Company's manufacturing operations. The term of the Lease commenced on September 1, 2009 and will end on the earlier of (i) the date the Company exercises (if at all) its option to purchase the Facility and (ii) August 31, 2012. Base rent on the Lease is $51,600 per year, payable, in advance, in equal monthly installments of $4,300 on the first day of each month during the term of the Lease. The Company will also pay as additional rent all real estate taxes and operating expenses, which include all costs of operating, maintaining, and repairing the leased Facility. The Company has an option to purchase the Facility upon delivery of written notice to Landlord at least 120 days prior to expiration of the Lease term. The purchase price for the Facility is $400,000 if the Company acquires the Facility by September 1, 2010, $425,000 if the Company acquires the Facility by September 1, 2011, and $440,000 if the Company acquires the Facility by September 1, 2012.

The foregoing description of the Lease is qualified in its entirety by reference to the Lease, which is filed as Exhibit 10.1 to this Current Report on Form 8-K and incorporated herein by reference.

On August 31, 2009, Delcath Systems, Inc. (the "Company") issued a press release announcing that the U.S. Food & Drug Administration granted Delcath's request for orphan drug designation for doxorubicin for the treatment of hepatocellular carcinoma (HCC), also known as primary liver cancer. The press release is included in Exhibit 99.1 to this Current Report on Form 8-K.

On September 3, 2009, Delcath Systems, Inc. (the "Company") issued a press release announcing its entry into a lease with option to purchase, and its anticipated timeline for hiring employees for its Queensbury, New York facility and its expected use and operations of the facility. The press release is included in Exhibit 99.2 to this Current Report on Form 8-K.

(d) Exhibits. The following exhibits are filed with the report on Form 8-K:

Exhibit Number Description of Exhibit
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10.1           Lease with Option to Purchase dated September 1, 2009, between
99.1           Delcath Systems, Inc. and Fitzgerald Brothers Beverages, Inc.
99.2           Press Release of Delcath Systems, Inc. dated August 31, 2009
               Press Release of Delcath Systems, Inc. dated September 3, 2009