UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934
October 21, 2015
Date of Report (Date of earliest event reported)
INVIVO THERAPEUTICS HOLDINGS CORP.
(Exact Name of Registrant as Specified in Charter)
Nevada |
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001-37350 |
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36-4528166 |
(State or Other |
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(Commission File Number) |
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(IRS Employer |
Jurisdiction of Incorporation) |
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Identification No.) |
One Kendall Square, Suite B14402
Cambridge, Massachusetts 02139
(Address of Principal Executive Offices) (Zip Code)
(617) 863-5500
(Registrants telephone number, including area code)
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):
o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
Item 7.01. Regulation FD Disclosure.
On October 21, 2015, the Boston Regional Office of the Securities and Exchange Commission (SEC) notified InVivo Therapeutics Holdings Corp. (the Company) by letter dated October 15, 2015 that it has concluded its investigation of the Company, which, as the Company previously disclosed, sought information concerning statements related to the timing and completion of the clinical study of the Neuro-Spinal Scaffold. The SEC said that it does not intend to recommend an enforcement action against the Company. Copies of the Companys press release dated October 22, 2015 and the SECs letter are furnished as Exhibits 99.1 and 99.2, respectively, to this report and are incorporated herein by reference.
Item 9.01. Financial Statements and Exhibits.
(d) Exhibits.
Exhibit |
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Number |
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Description |
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99.1 |
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Press release dated October 22, 2015. |
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99.2 |
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Letter from the United States Securities and Exchange Commission, Boston Regional Office, dated October 15, 2015. |
SIGNATURES
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.
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INVIVO THERAPEUTICS HOLDINGS CORP. | |
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Date: October 22, 2015 |
By: |
/s/ Tamara Joseph |
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Name: |
Tamara Joseph |
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Title: |
SVP, General Counsel & Chief Compliance Officer |
EXHIBIT INDEX
Exhibit |
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Number |
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Description |
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99.1 |
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Press release dated October 22, 2015. |
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99.2 |
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Letter from the United States Securities and Exchange Commission, Boston Regional Office, dated October 15, 2015. |
Exhibit 99.1
CONTACT:
Brian Luque
(617) 863-5535
Investor Relations
bluque@invivotherapeutics.com
InVivo Therapeutics Receives SEC Notice of Closing of Inquiry
CAMBRIDGE, Mass. (Oct 22, 2015) InVivo Therapeutics Holdings Corp. (NVIV) today announced it has received written notification from the Securities and Exchange Commission (SEC) that it has concluded its investigation of the Company, which, as the Company previously disclosed, sought information concerning statements related to the timing and completion of the clinical study of the Neuro-Spinal Scaffold. The SEC said that it does not intend to recommend an enforcement action against the Company.
About the Neuro-Spinal Scaffold
Following an acute spinal cord injury, the biodegradable Neuro-Spinal Scaffold is surgically implanted at the epicenter of the wound and is designed to act as a physical substrate for nerve sprouting. Appositional healing to spare spinal cord tissue, decreased post-traumatic cyst formation, and decreased spinal cord tissue pressure have been demonstrated in preclinical models of spinal cord contusion injury. The Neuro-Spinal Scaffold, an investigational device, has received a Humanitarian Use Device (HUD) designation and is currently being studied in an Investigational Device Exemption (IDE) pilot study for the treatment of patients with complete (AIS A) traumatic acute spinal cord injury.
About InVivo Therapeutics
InVivo Therapeutics Holdings Corp. is a research and clinical-stage biomaterials and biotechnology company with a focus on treatment of spinal cord injuries. The company was founded in 2005 with proprietary technology co-invented by Robert Langer, Sc.D., Professor at Massachusetts Institute of Technology, and Joseph P. Vacanti, M.D., who then was at Boston Childrens Hospital and who now is affiliated with Massachusetts General Hospital. In 2011, the company earned the David S. Apple Award from the American Spinal Injury Association for its outstanding contribution to spinal cord injury medicine. In 2015, the companys investigational Neuro-Spinal Scaffold received the 2015 Beckers Healthcare Spine Device Award. The publicly-traded company is headquartered in Cambridge, MA. For more details, visit www.invivotherapeutics.com.
Exhibit 99.2
UNITED STATES SECURITIES AND EXCHANGE COMMISSION Boston Regional Office 33 Arch St., 23rd Floor Boston, MA 02110-1424 Telecopier: (617) 573-4590 Telephone: (617) 573-8900 DIVISION OF ENFORCEMENT Michele T. Perillo Assistant Regional Director (617) 573-5916 October 15, 2015 By Email & U.S. Mail InVivo Therapeutics Holdings Corp. c/o James W. Prendergast Wilmer Cutler Pickering Hale and Dorr LLP 60 State Street Boston, MA 02109 Re: In the Matter of InVivo Therapeutics Holdings Corp. (B-02928) Dear Mr. Prendergast: We have concluded the investigation as to InVivo Therapeutics Holdings Corp. Based on the information we have as of this date, we do not intend to recommend an enforcement action by the Commission against InVivo Therapeutics Holdings Corp. We are providing this notice under the guidelines set out in the final paragraph of Securities Act Release No. 5310, which states in part that the notice "must in no way be construed as indicating that the party has been exonerated or that no action may ultimately result from the staffs investigation." (The full text of Release No. 5310 can be found at: http://www.sec.gov/divisions/enforce/wells-release.pdf.) Very truly yours, Michele T. Perillo Michele T. Perillo Assistant Regional Director