Acurx Pharmaceuticals, Inc. 10-Q

ITEM 5. OTHER INFORMATION None. ​ ​ 49 Table of Contents ITEM 6. EXHIBITS The exhibits listed in the accompanying index to exhibits are filed or incorporated by reference as part of this Quarterly Report. Exhibit Number Description of Exhibit 3.1 Form of Certificate of Incorporation (Incorporated by reference to the Company’s Registration Statement on Form S-1 (File No. 333- 256516), filed with the SEC on June 11, 2021). 3.2 Form of By-Laws of Acurx Pharmaceuticals, Inc. (Incorporated by reference to the Company’s Registration Statement on Form S-1 (File No. 333- 256516), filed with the SEC on June 11, 2021). 4.1 Form of Common Stock Certificate (Incorporated by reference to the Company’s Registration Statement on Form S-1 (File No. 333- 256516), filed with the SEC on June 11, 2021). 10.1 Form of Indemnification Agreement (Incorporated by reference to the Company’s Registration Statement on Form S-1 (File No. 333- 256516), filed with the SEC on June 11, 2021). 10.2 Form of Securities Purchase Agreement (Incorporated by reference to the Company’s Registration Statement on Form S-1 (File No. 333- 256516), filed with the SEC on June 11, 2021). 10.3 Form of Warrant (Incorporated by reference to the Company’s Registration Statement on Form S-1 (File No. 333- 256516), filed with the SEC on June 11, 2021). 10.4 Form of Common Stock Purchase Warrant (Incorporated by reference to the Company’s Registration Statement on Form S-1 (File No. 333- 256516), filed with the SEC on June 11, 2021). 10.5 Form of Investor Rights Agreement, by and between the Registrant and certain purchasers (Incorporated by reference to the Company’s Registration Statement on Form S-1 (File No. 333- 256516), filed with the SEC on June 11, 2021).  10.6 Amended and Restated Employment Agreement, by and between the Registrant and Robert J. DeLuccia, dated May 25, 2021 (Incorporated by reference to the Company’s Registration Statement on Form S-1 (File No. 333- 256516), filed with the SEC on June 11, 2021). 10.7 Amended and Restated Employment Agreement, by and between the Registrant and David P. Luci, dated May 25, 2021(Incorporated by reference to the Company’s Registration Statement on Form S-1 (File No. 333- 256516), filed with the SEC on June 11, 2021). 10.8 Amended and Restated Employment Agreement, by and between the Registrant and Robert Shawah, dated May 25, 2021 (Incorporated by reference to the Company’s Registration Statement on Form S-1 (File No. 333- 256516), filed with the SEC on June 11, 2021). 10.9 2021 Equity Incentive Plan (Incorporated by reference to the Company’s Registration Statement on Form S-1 (File No. 333- 256516), filed with the SEC on June 11, 2021). 10.10 ​ Form of Stock Option Agreement under the 2021 Equity Incentive Plan (Incorporated by reference to the Company’s Registration Statement on Form S-8 (File No. 333- 258026), filed with the SEC on July 19, 2021). 10.11 ​ Form of Restricted Stock Agreement under the 2021 Equity Incentive Plan (Incorporated by reference to the Company’s Registration Statement on Form S-8 (File No. 333- 258026), filed with the SEC on July 19, 2021). 10.12 ​ Form of Recapitalization Exchange Option Agreement (Incorporated by reference to the Company’s Registration Statement on Form S-8 (File No. 333- 258026), filed with the SEC on July 19, 2021). 50 Table of Contents 10.13 Master Clinical Services Agreement, dated October 11, 2019, by and between the Registrant and Syneos Health, LLC (Incorporated by reference to the Company’s Registration Statement on Form S-1 (File No. 333- 256516), filed with the SEC on June 11, 2021). 10.14 Asset Purchase Agreement, dated February 5, 2018, by and between the Registrant and GLSynthesis Inc (Incorporated by reference to the Company’s Registration Statement on Form S-1 (File No. 333- 256516), filed with the SEC on June 11, 2021). 31.1* ​ Certification of Principal Executive Officer Pursuant to Rules 13a-14(a) and 15d-14(a) under the Securities Exchange Act of 1934, as Adopted Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002. 31.2* ​ Certification of Principal Financial and Accounting Officer Pursuant to Rules 13a-14(a) and 15d-14(a) under the Securities Exchange Act of 1934, as Adopted Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002. 32.1* ​ Certification of Principal Executive Officer Pursuant to 18 U.S.C. Section 1350, as Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002. 32.2* ​ Certification of Principal Financial and Accounting Officer Pursuant to 18 U.S.C. Section 1350, as Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002. 101.INS ​ Inline XBRL Instance Document - the instance document does not appear in the Interactive Data File because its XBRL tags are embedded within the Inline XBRL document 101.SCH ​ Inline XBRL Taxonomy Extension Schema Document 101.CAL ​ Inline XBRL Taxonomy Extension Calculation Linkbase Document 101.DEF ​ Inline XBRL Taxonomy Extension Definition Linkbase Document 101.LAB ​ Inline XBRL Taxonomy Extension Labels Linkbase Document 101.PRE ​ Inline XBRL Taxonomy Extension Presentation Linkbase Document 104 ​ Cover Page Interactive Data File (Embedded within the Inline XBRL document and included in Exhibit) ​ * Filed herewith. ​ ​ ​ 51 Table of Contents 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. ​ ​ Acurx Pharmaceuticals, Inc. ​ ​ ​ Date: August 13, 2021 By: /s/ David P. Luci ​ ​ ​ David P. Luci ​ ​ President and Chief Executive Officer ​ ​ (Principal Executive Officer) ​ ​ ​ Date: August 13, 2021 By: /s/ Robert G. Shawah ​ ​ ​ Robert G. Shawah ​ ​ Chief Financial Officer ​ ​ (Principal Financial and Accounting Officer) ​ ​ ​ 52