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EX-3.1 - AMENDED AND RESTATED BYLAWS - INVIVO THERAPEUTICS HOLDINGS CORP.dex31.htm

 

 

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

Date of Report (Date of earliest event reported): March 9, 2011

 

 

INVIVO THERAPEUTICS HOLDINGS CORP.

(Exact name of registrant as specified in its charter)

 

 

 

Nevada   000-52089   36-4528166

(State or other jurisdiction

of incorporation)

 

(Commission

File No.)

 

(IRS Employer

Identification No.)

One Broadway, 14th Floor

Cambridge, Massachusetts

  02142
(Address of principal executive offices)   (Zip Code)

(617) 475-1520

(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:

 

¨ 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))

 

 

 


Item 5.03 Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year.

On March 9, 2011, the Board of Directors of InVivo Therapeutics Holdings Corp. (the “Company”), approved an amendment to the Company’s Bylaws, effective March 9, 2011, to amend and restate Article I, Section 1 thereof to allow the Board of Directors of the Company to designate the principal office of the Company and the registered agent of the Company from time to time. The principal office of the Company and the registered agent of the Company were previously fixed by Article I, Section 1 of the Company’s Bylaws.

The Amended and Restated Bylaws of the Company reflecting this amendment are filed as Exhibit 3.1 to this report.

Item 9.01 Financial Statements and Exhibits.

(d) Exhibits

The exhibit listed in the Exhibit Index below is filed with this report.


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: March 15, 2011   By:  

/s/    Frank M. Reynolds

            Frank M. Reynolds
            Chief Executive Officer


EXHIBIT INDEX

 

Exhibit
No.

  

Description

3.1    Amended and Restated Bylaws of InVivo Therapeutics Holdings Corp.