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

 

001-37350

 

36-4528166

(State or Other

 

(Commission File Number)

 

(IRS Employer

Jurisdiction of Incorporation)

 

 

 

Identification No.)

 

One Kendall Square, Suite B14402

Cambridge, Massachusetts 02139

(Address of Principal Executive Offices)  (Zip Code)

 

(617) 863-5500

(Registrant’s 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 Company’s press release dated October 22, 2015 and the SEC’s 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

 

 

Number

 

Description

 

 

 

99.1

 

Press release dated October 22, 2015.

 

 

 

99.2

 

Letter from the United States Securities and Exchange Commission, Boston Regional Office, dated October 15, 2015.

 

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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.

 

 

INVIVO THERAPEUTICS HOLDINGS CORP.

 

 

 

Date: October 22, 2015

By:

/s/ Tamara Joseph

 

Name:

Tamara Joseph

 

Title:

SVP, General Counsel & Chief Compliance Officer

 

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EXHIBIT INDEX

 

Exhibit

 

 

Number

 

Description

 

 

 

99.1

 

Press release dated October 22, 2015.

 

 

 

99.2

 

Letter from the United States Securities and Exchange Commission, Boston Regional Office, dated October 15, 2015.

 

4


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 Children’s 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 company’s investigational Neuro-Spinal Scaffold received the 2015 Becker’s 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 staff’s 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