Item 2.02 Results of Operations and Financial Condition.
On November 9, 2009, Emisphere Technologies, Inc. (the "Company") issued a press release announcing results of operations for the third quarterly period ended September 30, 2009. A copy of the press release is furnished herewith and is incorporated by reference herein as Exhibit 99.1.
The information contained herein, including Exhibit 99.1 attached hereto, is intended to be furnished and shall not be deemed "filed" for purposes of
Section 18 of the Securities Exchange Act of 1934, as amended (the "Exchange Act") or otherwise subject to the liabilities of that section, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933, as amended, or the Exchange Act, except as expressly set forth by specific reference in such filing.
Item 9.01 Financial Statements and Exhibits.
(d) Exhibits 99.1- Press release of Emisphere Technologies, Inc. dated November 9, 2009

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