2 unchanged sentences
Description of Exhibit
−Removed: Form of Certificate of Incorporation (Incorporated by reference to the Company’s Registration Statement on Form S-1 (File No.
−Removed: 333- 256516), filed with the SEC on June 11, 2021).
−Removed: Form of By-Laws of Acurx Pharmaceuticals, Inc.
−Removed: (Incorporated by reference to the Company’s Registration Statement on Form S-1 (File No.
−Removed: 333- 256516), filed with the SEC on June 11, 2021).
−Removed: Form of Common Stock Certificate (Incorporated by reference to the Company’s Registration Statement on Form S-1 (File No.
−Removed: 333- 256516), filed with the SEC on June 11, 2021).
−Removed: Form of Indemnification Agreement (Incorporated by reference to the Company’s Registration Statement on Form S-1 (File No.
−Removed: 333- 256516), filed with the SEC on June 11, 2021).
−Removed: Form of Securities Purchase Agreement (Incorporated by reference to the Company’s Registration Statement on Form S-1 (File No.
−Removed: 333- 256516), filed with the SEC on June 11, 2021).
−Removed: Form of Warrant (Incorporated by reference to the Company’s Registration Statement on Form S-1 (File No.
−Removed: 333- 256516), filed with the SEC on June 11, 2021).
−Removed: Form of Common Stock Purchase Warrant (Incorporated by reference to the Company’s Registration Statement on Form S-1 (File No.
−Removed: 333- 256516), filed with the SEC on June 11, 2021).
−Removed: 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.
−Removed: 333- 256516), filed with the SEC on June 11, 2021).
−Removed: Amended and Restated Employment Agreement, by and between the Registrant and Robert J.
−Removed: DeLuccia, dated May 25, 2021 (Incorporated by reference to the Company’s Registration Statement on Form S-1 (File No.
−Removed: 333- 256516), filed with the SEC on June 11, 2021).
−Removed: Amended and Restated Employment Agreement, by and between the Registrant and David P.
−Removed: Luci, dated May 25, 2021(Incorporated by reference to the Company’s Registration Statement on Form S-1 (File No.
−Removed: 333- 256516), filed with the SEC on June 11, 2021).
−Removed: 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.
−Removed: 333- 256516), filed with the SEC on June 11, 2021).
−Removed: 2021 Equity Incentive Plan (Incorporated by reference to the Company’s Registration Statement on Form S-1 (File No.
−Removed: 333- 256516), filed with the SEC on June 11, 2021).
−Removed: 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.
−Removed: 333- 258026), filed with the SEC on July 19, 2021).
−Removed: 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.
−Removed: 333- 258026), filed with the SEC on July 19, 2021).
−Removed: Form of Recapitalization Exchange Option Agreement (Incorporated by reference to the Company’s Registration Statement on Form S-8 (File No.
−Removed: 333- 258026), filed with the SEC on July 19, 2021).
−Removed: 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.
−Removed: 333- 256516), filed with the SEC on June 11, 2021).
−Removed: 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.
−Removed: 333- 256516), filed with the SEC on June 11, 2021).
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.
11 unchanged sentences
Cover Page Interactive Data File (Embedded within the Inline XBRL document and included in Exhibit)
−Removed: Filed herewith.
+Added: These certifications are furnished to the SEC pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and are deemed not filed for purposes of Section 18 of the Securities Exchange Act, nor shall they be deemed incorporated by reference in any filing under the Securities Act, except as shall be expressly set forth by specific reference in such filing.
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.
−Removed: August 13, 2021
+Added: November 12, 2021
President and Chief Executive Officer
(Principal Executive Officer)
−Removed: August 13, 2021
+Added: November 12, 2021
/s/ Robert G.
2 unchanged sentences
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.