Attached files

file filename
EX-10.1 - FORM OF AMENDMENT AGREEMENT TO REGISTRATION RIGHTS AGREEMENT - MABVAX THERAPEUTICS HOLDINGS, INC.ex10-1.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): June 9, 2015
 

 
MABVAX THERAPEUTICS HOLDINGS, INC.
(Exact name of registrant as specified in its charter)
 

 
Delaware
 
000-31265
 
93-0987903
(State or other jurisdiction
of incorporation)
 
(Commission
File Number)
 
(IRS Employer
Identification No.)
 
11588 Sorrento Valley Rd., Suite 20
San Diego, CA 92121
(Address of principal executive offices and zip code)
 
Registrant’s telephone number, including area code: (858) 259-9405
 
N/A
(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 1.01     Entry into a Material Definitive Agreement.

As previously disclosed, on March 31, 2015 and April 10, 2015, MabVax Therapeutics Holdings, Inc. (the “Company”) entered into registration rights agreements (the “Registration Rights Agreements”) with the investors that participated in the Company’s private placement of its securities, conducted on March 31, 2015 and April 10, 2015, respectively (collectively, the “Investors”).

On June 9, 2015, pursuant to Section 3.3 of the Registration Rights Agreements, the Company and Investors holding over 63% of the outstanding Registrable Securities (as such term is defined in the Registration Rights Agreements) entered into an amendment agreement (the “Amendment”) to the Registration Rights Agreements in order to: (i) amend the definition of  “Filing Date” for the initial registration statement such that such term shall be defined as “August 5, 2015” and (ii) waive any payments that may be due to the Investors as a result of the Company not filing a registration statement on or before the Filing Date, as such term was originally defined.
 
Item 9.01    Financial Statements and Exhibits.
 
(d)           Exhibits.

The exhibit listed in the following Exhibit Index is filed as part of this Current Report on Form 8-K.

Exhibit No.
 
Description
     
10.1
 
Form of Amendment Agreement to Registration Rights Agreement
 

 
 

 

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.
 
             
           
MABVAX THERAPEUTICS HOLDINGS, INC.
 
       
Dated: June 10, 2015
         
/s/ J. David Hansen
           
J. David Hansen
           
President and Chief Executive Officer