Opexa Therapeutics, Inc. (NASDAQ:OPXA) Files An 8-K Other Events
Item 8.01 Other Events.

On August 9, 2017, Opexa Therapeutics, Inc. (“Opexa”) issued a press release announcing that it has set a date for a special meeting of its shareholders to vote on matters related to the previously announced proposed merger with Acer Therapeutics Inc. (“Acer”). The special meeting will be held at 9:00 a.m., local time, on September 19, 2017 at 12255 El Camino Real, Suite 300, San Diego, California 92130. Opexa shareholders of record as of the close of business on August 9, 2017 are entitled to receive notice of, and to vote at, the special meeting.

A copy of the press release is attached hereto as Exhibit 99.1 and incorporated by reference herein.

Additional Information about the Proposed Merger and Where to Find It

In connection with the previously disclosed proposed merger, Opexa has filed a registration statement on Form S-4 with the Securities and Exchange Commission (the “SEC”), including a proxy statement / prospectus / information statement, but the registration statement has not yet become effective. Investors and securityholders of Opexa and Acer are urged to read these materials because they contain important information about Opexa, Acer and the proposed merger. The proxy statement / prospectus / information statement and other relevant materials, and any other documents filed by Opexa with the SEC, may be obtained free of charge at the SEC web site at www.sec.gov. In addition, investors and securityholders may obtain free copies of the documents filed with the SEC by Opexa by directing a written request to: Opexa Therapeutics, Inc., 2635 Technology Forest Blvd., The Woodlands, TX 77381, Attention: Investor Relations. Investors and securityholders are urged to read the proxy statement / prospectus / information statement and the other relevant materials before making any voting or investment decision with respect to the proposed merger.

This communication shall not constitute an offer to sell or the solicitation of an offer to sell or the solicitation of an offer to buy any securities, nor shall there be any sale of securities in any jurisdiction in which such offer, solicitation or sale would be unlawful prior to registration or qualification under the securities laws of any such jurisdiction. No offering of securities in connection with the proposed merger shall be made except by means of a prospectus meeting the requirements of Section 10 of the Securities Act of 1933, as amended.

Participants in the Solicitation

Opexa and its directors and sole executive officer and Acer and its directors and executive officers may be deemed to be participants in the solicitation of proxies from the shareholders of Opexa in connection with the proposed transaction. Information regarding the special interests of these directors and executive officers in the proposed merger is included in the proxy statement / prospectus / information statement referred to above. Additional information regarding the directors and the sole executive officer of Opexa is also included in Opexa’s Annual Report on Form 10-K for the year ended December 31, 2016 and the proxy statement for Opexa’s 2016 Annual Meeting of Shareholders. These documents are available free of charge at the SEC’s web site (www.sec.gov) and from Investor Relations at Opexa at the address described above.

Item 9.01 Financial Statements and Exhibits.

Reference is made to the Exhibit Index included with this Current Report on Form 8-K.

Opexa Therapeutics, Inc. Exhibit
EX-99.1 2 opxa_ex991.htm PRESS RELEASE Blueprint   Exhibit 99.1     Opexa Therapeutics Sets Date for Special Meeting of Shareholders   THE WOODLANDS,…
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About Opexa Therapeutics, Inc. (NASDAQ:OPXA)

Opexa Therapeutics, Inc. (Opexa) is a biopharmaceutical company. The Company is engaged in the development of a personalized immunotherapy with the potential to treat various illnesses, including multiple sclerosis (MS), as well as other autoimmune diseases, such as neuromyelitis optica (NMO). These therapies are based on its T-cell technology. The Company’s product candidates include Tcelna and OPX-212. Tcelna is an autologous T-cell immunotherapy that is being developed for the treatment of secondary progressive MS (SPMS) and is tailored to each patient’s immune response profile to myelin. Tcelna is designed to reduce the number and/or functional activity of specific subsets of myelin-reactive T-cells (MRTCs) known to attack myelin. Tcelna is manufactured using its method for the production of an autologous T-cell product. In addition to the ongoing clinical development of Tcelna, the Company is developing OPX-212 as an autologous T-cell immunotherapy for the treatment of NMO.