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Washington, D.C. 20549





Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934


December 29, 2023

Date of Report (Date of earliest event reported)



(Exact Name of Registrant as Specified in Charter)


Nevada 001-37350 36-4528166
(State or Other (Commission File Number) (IRS Employer
Jurisdiction of Incorporation) Identification No.)


1500 District Avenue
Burlington, MA 01803

(Address of Principal Executive Offices) (Zip Code)


(617) 863-5500

(Registrant’s telephone number, including area code)



(Former name or former address, if changed since last report)


Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):


¨ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)


¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)


¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))


¨ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))


Securities registered pursuant to Section 12(b) of the Act:


Title of each class   Trading symbol(s)   Name of each exchange on which
Common Stock, $0.00001 par value per share   NVIV   The Nasdaq Capital Market


Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).


Emerging growth company ¨


If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ¨






Item 5.07. Submission of Matters to a Vote of Security Holders.


On December 29, 2023, InVivo Therapeutics Holdings Corp. (the “Company”) held its 2023 Annual Meeting of Stockholders (the “Annual Meeting”). Set forth below is a summary of the matters voted on at the Annual Meeting.


Election of Directors


The Company’s stockholders elected Robert Rosenthal and Richard Toselli as Class III directors, each to serve for a three-year term expiring at the Company’s 2026 Annual Meeting of Stockholders. The results of the stockholders’ vote with respect to the election of such Class III directors were as follows:


   For   Withheld   Broker Non-Votes 
Robert Rosenthal   467,922    131,079    741,666 
Richard Toselli   472,650    126,351    741,666 


Ratification of the Appointment of RSM US, LLP as the Company’s Independent Registered Public Accounting Firm for the Fiscal Year Ending December 31, 2023


The Company’s stockholders ratified the appointment of RSM US, LLP as the Company’s independent registered public accounting firm for the fiscal year ending December 31, 2023. The results of the stockholders’ vote with respect to such ratification were as follows:


 For:    1,230,429 
 Against:    59,740 
 Abstain:    50,498 







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.


Date: January 3, 2024 By:  /s/ Richard Toselli
  Name: Richard Toselli
  Title: President and Chief Executive Officer