ACELRX PHARMACEUTICALS, INC. (NASDAQ:ACRX) Files An 8-K Entry into a Material Definitive Agreement

60

ACELRX PHARMACEUTICALS, INC. (NASDAQ:ACRX) Files An 8-K Entry into a Material Definitive Agreement

ITEM 1.01 ENTRY INTO A MATERIAL DEFINITIVE AGREEMENT.

On June 14, 2017, AcelRx Pharmaceuticals, Inc. (the
Company) entered into a second
amendment (the Lease Amendment) to that
certain lease dated December 21, 2011, as amended by a first
amendment, dated as of May 2, 2014 (the Existing
Lease
, and as amended by the Lease Amendment, the
Lease)), with Metropolitan Life
Insurance Company (the Landlord) for
the Companys current principal executive offices, approximately
26,000 square feet located at 301 351 Galveston Drive, Redwood
City, California. to the Lease Amendment, the term of the
Existing Lease has been extended for a period of seventy-two (72)
months (the Extended Term) beginning February 1, 2018 and
expiring January 31, 2024 (the Expiration Date), unless sooner
terminated to the terms of the Lease.

to the Lease Amendment, the Company will pay on a monthly basis
annual rent of approximately $1.2 million, with annual increases
each 12-month period beginning February 1st, and the
first two months to be abated provided that the Company is not in
default thereunder. In addition, the Company will pay the
Landlord specified percentages of certain operating expenses
related to the leased facility incurred by the Landlord.

The foregoing summary does not purport to be complete and is
qualified in its entirety by reference to the Lease Amendment,
which is attached as Exhibit 10.1 hereto and incorporated herein
by reference in its entirety.

ITEM 2.03 CREATION OF A DIRECT FINANCIAL OBLIGATION OR AN
OBLIGATION UNDER AN OFF-BALANCE SHEET ARRANGEMENT OF A
REGISTRANT.

The information set forth above and referenced under Item 1.01 is
hereby incorporated by reference into this Item 2.03.

ITEM5.07. SUBMISSION OF MATTERS TO A
VOTE OF SECURITY HOLDERS.

The 2017 Annual Meeting of Stockholders (the Annual Meeting) of
AcelRx Pharmaceuticals, Inc. (the Company) was held on June 15,
2017. Proxies for the Annual Meeting were solicited by the Board
of Directors of the Company (the Board) to Section14(a) of the
Securities Exchange Act of 1934, as amended, and there was no
solicitation in opposition to the Boards solicitation. There were
45,380,473 shares of common stock entitled to vote at the Annual
Meeting. A total of 35,217,703 shares were represented at the
Annual Meeting in person or by proxy. The final votes on the
proposals presented at the Annual Meeting were as follows:

Proposal No.1

Howard B. Rosen and Mark Wan were elected as directors to hold
office until the 2020 Annual Meeting of Stockholders by the
following vote:

Nominee

For

Withheld

Broker Non-Votes

Howard B. Rosen

13,213,090

828,214

21,176,399

Mark Wan

13,119,799

921,505

21,176,399

In addition to the directors elected above, Adrian Adams, Richard
Afable, M.D., and Mark G. Edwards will continue to serve as
directors until the 2018 Annual Meeting of Stockholders and
Stephen J. Hoffman, M.D., Ph.D. and Pamela P. Palmer, M.D., Ph.D.
will continue to serve as directors until the 2019 Annual Meeting
of Stockholders, and until their successors are elected and have
qualified, or until their earlier death, resignation or removal.

Proposal No.2

The selection by the Audit Committee of the Board of OUM Co. LLP
as our independent registered public accounting firm for the year
ending December31, 2017 was ratified by the following vote:

For

Against

Abstain

34,617,920

469,008

130,775

ITEM 9.01 FINANCIAL STATEMENTS AND EXHIBITS.

(d) Exhibits.

Exhibit Number

Description

10.1

Second Amendment to Lease between Metropolitan Life
Insurance Company and the Registrant, dated June 14, 2017.



ACELRX PHARMACEUTICALS INC Exhibit
EX-10.1 2 ex10-1.htm EXHIBIT 10.1 ex10-1.htm Exhibit 10.1   SECOND AMENDMENT TO LEASE   THIS SECOND AMENDMENT TO LEASE (this “Amendment”) is entered into as of June 14,…
To view the full exhibit click here
About ACELRX PHARMACEUTICALS, INC. (NASDAQ:ACRX)

AcelRx Pharmaceuticals, Inc. is a pharmaceutical company focused on the development and commercialization of therapies for the treatment of moderate-to-severe acute pain. The Company operates through the segment, which includes development and commercialization of product candidates for the treatment of pain. Its lead product candidates include ARX-04, Zalviso, which utilize sublingual sufentanil, delivered through a non-invasive route of administration, and ARX-03. ARX-04 is meant for the treatment of moderate-to-severe acute pain to be administered by a healthcare professional to a patient in medically supervised settings. Zalviso is meant for the management of moderate-to-severe acute pain in hospitalized adult patients. ARX-03 provides mild sedation, anxiety reduction and pain relief for patients undergoing painful procedures in a physician’s office. It also includes ARX-02, which is meant for the treatment of patients who suffer from breakthrough pain (BTP) due to cancer.

An ad to help with our costs