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): November 23,
2016
OPEXA THERAPEUTICS, INC.
(Exact
name of registrant as specified in its charter)
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Texas
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001-33004
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76-0333165
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(State
or other jurisdiction ofincorporation)
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(Commission
File Number)
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(IRS
Employer Identification No.)
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2635 Technology Forest Blvd., The Woodlands, Texas
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77381
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(Address
of principal executive offices)
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(Zip
Code)
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Registrant’s
telephone number, including area code: (281) 272-9331
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N/A
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(Former name or
former address, if changed since last report)
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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:
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☐
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Written
communications pursuant to Rule 425 under the Securities Act (17
CFR 230.425)
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☐
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Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
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☐
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Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17
CFR 240.14d-2(b))
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☐
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Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17
CFR 240.13e-4(c))
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Item
1.02.
Termination
of a Material Definitive Agreement.
On
November 23, 2016, Opexa Therapeutics, Inc. (the
“Company”)
received notice from Ares Trading S.A.
(“Merck Serono”), a wholly owned subsidiary of Merck
Serono S.A., that Merck Serono would not be exercising its option
(the “Option”) to acquire the exclusive, worldwide
(excluding Japan) license to the Company’s Tcelna program for
the treatment of multiple sclerosis (“MS”) granted to
Merck Serono under the Option and License Agreement dated
February 4, 2013, as amended, by and between the Company and
Merck Serono (the “Agreement”). As a result of
receiving the notice from Merck Serono, the Agreement automatically
expired upon receipt. As previously announced on October 28, 2016,
the Company’s Phase IIb Abili-T clinical trial designed to
evaluate the efficacy and safety of Tcelna (imilecleucel-T) in
patients with secondary progressive MS did not meet its primary or
secondary endpoints.
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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, thereunto duly authorized.
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Dated:
November 25, 2016 |
OPEXA THERAPEUTICS,
INC.
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By:
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/s/
Neil K.
Warma
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Neil K.
Warma
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President, Chief
Executive Officer
and
Acting Chief Financial Officer
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