INVIVO THERAPEUTICS HOLDINGS CORP. (NASDAQ:NVIV) Files An 8-K Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year

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INVIVO THERAPEUTICS HOLDINGS CORP. (NASDAQ:NVIV) 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 May30, 2018,InVivo Therapeutics Holdings Corp. (the “Company”) held its 2018 Annual Meeting of Stockholders (the “Annual Meeting”). At the Annual Meeting, the Company’s stockholders approved an amendment to the Company’s Articles of Incorporation to increase the number of shares of authorized common stock from 4,000,000 to 25,000,000 shares (the “Amendment”). Following stockholder approval of the Amendment, a Certificate of Amendment to the Company’s Articleof Incorporation was filed with the Secretary of State of Nevada on June1, 2018, at which time the Amendment became effective.

The Amendment is summarized in the Company’s Proxy Statement. A copy of the Certificate of Amendment containing the Amendment is filed as Exhibit3.1 to this Current Report on Form8-K and incorporated herein by reference.

Item 5.03. Submission of Matters to a Vote of Security Holders.

Set forth below are the matters submitted to the stockholders at the Annual Meeting, all of which were approved:

·

the election of two (2) Class I directors, each to serve on the Company’s Board of Directors for a three-year term expiring at the Company’s annual meeting of stockholders in 2021 or until his or her successor is duly elected and qualified;

·

the approval of the Amendment;

·

the approval of the issuance and sale by the Companyto Lincoln Park Capital Fund, LLC, or Lincoln Park (including the Company’sprior issuances and sales of shares of common stock to Lincoln Park since January 2018), of up to 1,200,000 shares of common stock to the Marketplace Rules of the Nasdaq Stock Market; and

·

the ratification of the appointment of RSM US, LLP as the Company’s independent registered public accounting firm for the fiscal year ending December31, 2018.

The number of votes for, withheld or against and the number of abstentions and non-votes with respect to each matter are set forth below.

Election of Directors

ClassI Nominees

For

Withhold

Broker Non-Votes

Richard Roberts

318,540

32,356

921,893

C. Ann Merrifield

312,801

38,095

921,893

Approval of Amendment

For:

866,668

Against:

382,193

Abstain:

23,928

Approval of Issuance and Sale of Common Stock to Lincoln Park

For:

305,074

Against:

43,077

Abstain:

2,745

Broker Non-Votes:

921,893

Ratification of the Appointment of RSM US, LLP as the Company’s Independent Registered Public Accounting Firm for the Fiscal Year Ending December31, 2018

For:

1,183,219

Against:

71,443

Abstain:

18,127

Item 5.03. Financial Statements and Exhibits.

(d) Exhibits


INVIVO THERAPEUTICS HOLDINGS CORP. Exhibit
EX-3.1 2 ex-3d1.htm EX-3.1 nviv_Ex3_1_20180531       ‘ll&ll ll!’ *090204* BARBARA K. CEGAVSKE Secretary of State 202 North Carson Street Carson City,…
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About INVIVO THERAPEUTICS HOLDINGS CORP. (NASDAQ:NVIV)

InVivo Therapeutics Holdings Corp., formerly Design Source, Inc., is a research and clinical-stage biomaterials and biotechnology company. The Company is engaged in developing and commercializing biopolymer-scaffolding devices for the treatment of spinal cord injuries (SCI). The Company’s approach to treating acute SCIs is based on its investigational Neuro Spinal Scaffold implant, an investigational bioresorbable polymer scaffold that is designed for implantation at the site of injury within a spinal cord contusion and is intended to treat acute spinal cord injury. The Neuro-Spinal Scaffold consists of biocompatible and bioresorbable polymers, which include poly lactic-co-glycolic acid (PLGA) and Poly-L-Lysine (PLL). The Company is also evaluating other technologies and therapeutics that may be complementary to its development of the Neuro-Spinal Scaffold implant. The Company has a clinical development program for acute SCI and a preclinical development program for chronic SCI.