BIO-PATH HOLDINGS, INC. (NASDAQ:BPTH) Files An 8-K Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year
Item 5.03 Amendments to Articles of Incorporation or Bylaws;
Change in Fiscal Year.
On June 7, 2017, the board of directors (the Board) of Bio-Path
Holdings, Inc. (the Company) approved the First Amended and
Restated Bylaws of the Company effective as of the date of
adoption. The full text of the First Amended and Restated Bylaws
of the Company is filed as Exhibit 3.1 to this Current Report on
Form 8-K. The amendments reflected in the First Amended and
Restated Bylaws of the Company are briefly summarized below:
1. A bylaw has been amended to change the advance notice period
for stockholder proposals to be presented in connection with an
annual meeting of stockholders from not less than twenty (20)
days nor more than forty (40) days prior to the first anniversary
of the immediately preceding year’s annual meeting date to not
less than sixty (60) days nor more than ninety (90) days prior to
the first anniversary of the immediately preceding year’s annual
meeting date.
2. A bylaw has been amended to change the threshold required for
stockholders to call a special meeting of the stockholders from
holders of not less than twenty-five percent (25%) of the issued
and outstanding shares entitled to vote at such special meeting
to holders of a majority of the issued and outstanding shares
entitled to vote at such special meeting.
3. A bylaw has been amended to change the advance notice period
for nominations by stockholders of directors for election at an
annual meeting of stockholders from not less than twenty (20)
days nor more than forty (40) days prior to the first anniversary
of the immediately preceding year’s annual meeting date to not
less than sixty (60) days nor more than ninety (90) days prior to
the first anniversary of the immediately preceding year’s annual
meeting date.
4. A bylaw has been deleted permitting stockholders, at special
meeting of the stockholders, to fill a vacancy occurring in the
Board as a result of the director’s removal by the stockholders.
5. A bylaw has been amended to change the threshold required for
stockholders to alter, amend or repeal the First Amended and
Restated Bylaws or adopt new bylaws from holders of a majority of
the shares entitled to vote generally in the election of
directors to holders of at least seventy-five percent (75%) of
the issued and outstanding shares entitled to vote generally in
the election of directors. The bylaw was also amended to change
the number of directors required to alter, amend or repeal the
First Amended and Restated Bylaws or adopt new bylaws from a
majority of the directors of the Company to at least seventy-five
percent (75%) of the directors of the Company.
The foregoing is intended to be only a summary, does not purport
to be a complete description of the First Amended and Restated
Bylaws, and is qualified in its entirety by reference to the
Companys First Amended and Restated Bylaws, attached as
Exhibit3.1 to this Current Report on Form8-K.
Item 9.01 Financial Statements and Exhibits.
(d) Exhibits.
| Exhibit | ||
| Number | Description | |
| 3.1 | First Amended and Restated Bylaws |
About BIO-PATH HOLDINGS, INC. (NASDAQ:BPTH)
Bio-Path Holdings, Inc. is a clinical and preclinical stage oncology focused antisense drug development company. The Company utilizes a technology that achieves systemic delivery for target specific protein inhibition for any gene product that is over-expressed in disease. Its drug delivery and antisense technology, DNAbilize, is a platform that uses P-ethoxy, a deoxyribonucleic acid backbone modification. Its lead drug candidate, Liposomal Grb2 (BP1001), targets the protein Growth factor receptor-bound protein 2 (Grb2). Its other liposome delivered antisense drug candidate, Liposomal Bcl2 (BP1002), targets the protein B-cell lymphoma 2 (Bcl2). BP1001 is in Phase II clinical trials for acute myeloid leukemia, and for blast phase and accelerated phase chronic myelogenous leukemia. BP1002 is intended to target the lymphoma and certain solid tumor markets. BP1001 is also in preclinical studies for solid tumors, including triple negative breast cancer and inflammatory breast cancer.