Amended Current Report Filing (8-k/a)
February 24 2020 - 4:32PM
Edgar (US Regulatory)
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K/A
CURRENT REPORT
Pursuant to Section 13 or 15(d) of
the Securities Exchange Act of 1934
January 21, 2020
Date of Report (Date of earliest event reported)
INVIVO THERAPEUTICS HOLDINGS CORP.
(Exact Name of Registrant as Specified in
Charter)
Nevada
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001-37350
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36-4528166
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(State or Other
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(Commission File Number)
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(IRS Employer
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Jurisdiction of Incorporation)
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Identification No.)
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One Kendall Square, Suite B14402
Cambridge, Massachusetts 02139
(Address of Principal Executive Offices)
(Zip Code)
(617) 863-5500
(Registrant’s telephone number, including
area code)
N/A
(Former name or former address, if changed
since last report)
Check the appropriate box below if the Form 8-K filing
is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General
Instruction A.2. below):
¨
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Written communications pursuant to Rule 425 under
the Securities Act (17 CFR 230.425)
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¨
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Soliciting material pursuant to Rule 14a-12 under
the Exchange Act (17 CFR 240.14a-12)
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¨
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Pre-commencement communications pursuant to Rule 14d-2(b) under
the Exchange Act (17 CFR 240.14d-2(b))
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¨
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Pre-commencement communications pursuant to Rule 13e-4(c) under
the Exchange Act (17 CFR 240.13e-4(c))
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Securities registered pursuant to Section 12(b) of the Act:
Title of each class
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Trading symbol(s)
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Name of each exchange on which
registered
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Common Stock, $0.00001 par value per share
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NVIV
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The Nasdaq Capital Market
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Indicate by check mark whether the registrant is an emerging
growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities
Exchange Act of 1934 (§240.12b-2 of this chapter).
Emerging growth company ¨
If an emerging growth company, indicate by check mark if the
registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards
provided pursuant to Section 13(a) of the Exchange Act. ¨
EXPLANATORY NOTE
This Current Report on Form 8-K/A updates information
originally provided under Item 5.07 in a Current Report on Form 8-K filed by InVivo Therapeutics Holdings Corp. (the “Company”)
with the Securities and Exchange Commission on January 24, 2020 (the “Original Form 8-K”). The Original Form 8-K reported
the final voting results of the Company’s 2019 annual meeting of stockholders held on January 21, 2020 (the “Annual
Meeting”). The sole purpose of this amendment is to disclose the Company’s decision regarding how frequently it will
conduct future stockholder advisory votes to approve the compensation of the Company’s named executive officers. No other
changes have been made to the Original Form 8-K.
Item 5.07. Submission of Matters to a Vote of Security
Holders.
Consistent with the voting results at the
Annual Meeting in respect to the determination of the frequency of future stockholder advisory votes to approve the compensation
of the Company’s named executive officers (a “Say-on-Pay Vote”), the Board of Directors has adopted a policy
to hold a Say-on-Pay Vote every third year.
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.
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INVIVO THERAPEUTICS HOLDINGS CORP.
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Date: February 24, 2020
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By:
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/s/ Richard Toselli
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Name:
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Richard Toselli
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Title:
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President and Chief Executive Officer
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InVivo Therapeutics (NASDAQ:NVIV)
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