INVIVO THERAPEUTICS HOLDINGS CORP. (NASDAQ:NVIV) Files An 8-K Material Modification to Rights of Security HoldersItem 3.03.Material Modification to Rights of Security Holders.
On April16, 2018,InVivo Therapeutics Holdings Corp. (the “Company”) effected a reverse stock split of the Company’s common stock, par value $0.00001 per share (the “Common Stock”), at a ratio of 1-for-25 (the “Reverse Split”). As a result of the Reverse Split, every 25 shares of the issued and outstanding Common Stock were automatically converted into one newly issued and outstanding share of Common Stock, without any change in the par value per share. Any fractional shares resulting from the Reverse Split have been rounded up to the nearest whole share. In connection with the Reverse Split, the Company correspondingly reduced the number of shares of authorized shares of Common Stock from 100,000,000 to 4,000,000.
As previously disclosed, the Board of Directors of the Company approved the Reverse Split on April 3, 2018. On April 13, 2018, the Company filed a Certificate of Change to effect the Reverse Split to Nevada Revised Statutes Sections 78.207 and 78.209 with the Secretary of State of the State of Nevada. Under Nevada law, the Company’s Articles of Incorporation were deemed amended at the effective time of the Reverse Split, 5:00p.m. Eastern Time on April16, 2018.
Item 5.03.Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year.
The information set forth in Item 3.03 of this Current Report on Form8-K is incorporated by reference into this Item 5.03. A copy of the Certificate of Change is filed as Exhibit3.1 to this Current Report on Form8-K.
Item 9.01.Financial Statements and Exhibits.