Amended Current Report Filing (8-k/a)
December 10 2019 - 4:34PM
Edgar (US Regulatory)
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 8-K/A
(Amendment No. 1)
CURRENT REPORT
Pursuant to Section 13 or 15(d)
of the Securities Exchange Act of 1934
Date of Report (Date of earliest event
reported): November 8, 2019
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 Jurisdiction
of Incorporation)
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(Commission
File Number)
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(IRS Employer
Identification No.)
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One Kendall Square, Suite B14402
Cambridge, MA 02139
(Address of Principal Executive Offices)
(Zip Code)
Registrant’s telephone number, including
area code: (617) 863-5500
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):
¨ Written
communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
¨ Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
¨ Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
¨ Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
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 Amendment No. 1 to Current Report on Form 8-K (this
“Form 8-K/A”) amends the Current Report on Form 8-K of InVivo Therapeutics Holdings Corp.
(the “Company”) filed with the Securities and Exchange Commission (the “SEC”) on November 12, 2019 (the
“Original Form 8-K”). The Original Form 8-K reported the appointment of Robert J. Rosenthal,
Ph.D. as a Class III director of the Company’s Board of Directors (the “Board”). Pursuant to Instruction 2
to Item 5.02 of Form 8-K, this Form 8-K/A is being filed solely to provide the information called
for in Item 5.02(d)(3) of Form 8-K that had not been determined at the time of filing of the Original Form 8-K.
Unless otherwise disclosed herein, the disclosures contained
herein have not been updated to reflect events, results or developments that have occurred after the filing of the Original 8-K,
or to modify or update those disclosures affected by subsequent events unless otherwise indicated in this Form 8-K/A. This Form
8-K/A should be read in conjunction with the Original Form 8-K and the Company’s filings made with the SEC subsequent to
the Original Form 8-K, including any amendments to those filings.
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Item 5.02
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Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements
of Certain Officers.
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On December 6, 2019, the Board appointed Dr. Rosenthal to serve
as a member of the Audit Committee.
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 hereunto duly authorized.
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INVIVO THERAPEUTICS HOLDINGS CORP.
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Date: December 10, 2019
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By:
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/s/ Richard Toselli
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Richard Toselli
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Chief Executive Officer
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InVivo Therapeutics (NASDAQ:NVIV)
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