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Item 5.08 Shareholder Director Nominations.
The Board of Directors of InVivo Therapeutics Holdings Corp. (the “Company”) has established December 29, 2023 as the date of the 2023 Annual Meeting of Stockholders of the company (the “Annual Meeting”). The Annual Meeting date, the record date for the Annual Meeting and detailed information regarding the proposals to be presented at the Annual Meeting will be set forth in our Definitive Proxy Statement on Schedule 14A to be filed with the Securities and Exchange Commission (“SEC”). Since the Annual Meeting will take place more than 30 following the anniversary of the 2022 Annual Meeting of Shareholders, the due dates for the submission of any qualified shareholder proposal or qualified shareholder nominations under applicable SEC rules and our Amended and Restated Bylaws (the “Bylaws”) listed in our Definitive Proxy Statement on Schedule 14A for the 2022 Annual Meeting, filed with the SEC on August 18, 2022, are no longer applicable. Such nominations or proposals, including any notice on Schedule 14N, are now due to be received by the company no later than 10 calendar days following the date of this 8-K and must comply with all of the applicable requirements set forth in the rules and regulations of under the Securities Exchange Act of 1934, as amended, and the Bylaws.
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: November 30, 2023
|/s/ Richard Toselli
|President and Chief Executive Officer