Other Information.
−Removed: During the three months ended June 30, 2023, no director or “officer”
+Added: (a) On November 10, 2023, the Company entered into the Third Amendment (the “Third Amendment”) to the Hercules Term Loan Agreement which provides for a temporary reduction in the minimum qualified cash balance amount to $2.25 million for the period from November 15, 2023 through December 15, 2023, unless extended by the Agent under the Hercules Term Loan Agreement in its sole discretion.
+Added: After such period, the minimum level of qualified cash will revert to $2.25 million plus the amount of accounts payable that have not been paid within 180 days.
+Added: The foregoing description of the Third Amendment is qualified in its entirety by reference to the full text of the Third Amendment, a copy of which is filed as Exhibit 10.5 to this Quarterly Report on Form 10-Q and is incorporated herein by reference.
+Added: (c) During the three months ended September 30, 2023, no director or “officer”
(as defined in Rule 16a-1(f) under the Exchange Act) of the Company adopted or terminated a “Rule 10b5-1 trading arrangement”
38 unchanged sentences
(0% Series C Convertible Preferred Stock)
+Added: Certificate of Amendment to Amended and Restated Certificate of Incorporation of Eloxx Pharmaceuticals, Inc., as filed with the Secretary of State of the State of Delaware on December 1, 2022.
+Added: December 1, 2022
Amended and Restated Bylaws of Eloxx Pharmaceuticals, Inc.
December 27, 2017
+Added: Pre-Funded Common Stock Purchase Warrant, issued by Eloxx Pharmaceuticals, Inc.
+Added: to Armistice Capital Masterfund Ltd., dated September 20, 2023
+Added: Common Stock Purchase Warrant, issued by Eloxx Pharmaceuticals, Inc.
+Added: to Armistice Capital Masterfund Ltd., dated September 20, 2023
+Added: Form of Placement Agent Common Stock Purchase Warrant, dated September 20, 2023
+Added: Securities Purchase Agreement, dated as of September 18, 2023, by and between Eloxx Pharmaceuticals, Inc.
+Added: and Armistice Capital Master Fund Ltd.
+Added: Performance Restricted Stock Unit Grant Notice and Restricted Stock Unit Agreement between Eloxx Pharmaceuticals, Inc.
+Added: and Sumit Aggarwal, dated August 23, 2023
+Added: Performance Stock Option Grant Notice and Stock Option Agreement between Eloxx Pharmaceuticals, Inc.
+Added: and Sumit Aggarwal, dated August 23, 2023.
+Added: Second Amendment, dated May 19, 2023, to the Loan and Security Agreement, dated as of September 30, 2021, by and among Hercules Capital, Inc., Eloxx Pharmaceuticals, Inc., Zikani Therapeutics, Inc.
+Added: and the other parties thereto.
+Added: Third Amendment, dated November 10, 2023, to the Loan and Security Agreement, dated as of September 30, 2021, by and among Hercules Capital, Inc., Eloxx Pharmaceuticals, Inc., Zikani Therapeutics, Inc.
+Added: and the other parties thereto.
Certification of the Company’s Principal Executive Officer pursuant to Rule 13a-14(a) and Rule 15d-14(a) of the Securities and Exchange Act of 1934, as amended, pursuant to Section 302 of the Sarbanes-Oxley Act of 2002.
−Removed: Certification of the Company’s Principal Financial Officer pursuant to Rule 13a-14(a) and Rule 15d-14(a) of the Securities and Exchange Act of 1934, as amended, pursuant to Section 302 of the Sarbanes-Oxley Act of 2002.
+Added: Certification of the Company’s Principal Financial Officer pursuant to Rule 13a-14(a) and Rule
+Added: Incorporated by Reference
+Added: Exhibit Description
+Added: 15d-14(a) of the Securities and Exchange Act of 1934, as amended, pursuant to Section 302 of the Sarbanes-Oxley Act of 2002.
Certification of the Company’s Principal Executive Officer pursuant to 18 U.S.C.
15 unchanged sentences
ELOXX PHARMACEUTICALS, INC.
−Removed: August 11, 2023
+Added: November 13, 2023
/s/ Daniel E.
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.