SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934
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|Item 3.03.||Material Modification to Rights of Security Holders.|
On April 26, 2022, 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 50,000,000 to 2,000,000. All outstanding stock options and warrants will be adjusted as a result of the Reverse Split, as required by the terms of such stock options and warrants.
As previously disclosed, the Board of Directors of the Company approved the Reverse Split on April 14, 2022. On April 25, 2022, the Company filed a Certificate of Change to effect the Reverse Split pursuant 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, 5:00 p.m. Eastern Time on April 26, 2022.
|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 Form 8-K is incorporated by reference into this Item 5.03. A copy of the Certificate of Change is filed as Exhibit 3.1 to this Current Report on Form 8-K.
|Item 9.01.||Financial Statements and Exhibits.|
|3.1||Certificate of Change Pursuant to NRS 78.209, filed with the Nevada Secretary of State, dated April 25, 2022.|
|104||The cover page of this Current Report on Form 8-K, formatted in Inline XBRL.|
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
|INVIVO THERAPEUTICS HOLDINGS CORP.|
|Date: April 26, 2022||By:||/s/ Richard Toselli|
|Name:||Richard Toselli, M.D.|
|Title:||Chief Executive Officer|
Filed in the Office of Secretary of State State Of Nevada Business Number C7829-2003 Filing Number 20222273119 Filed On 4/25/2022 10:14:00 AM Number of Pages 1