Item 5. Other Information
Item 5. Other Information
Not applicable.
43
Item 6. E xhibits
The following is a list of exhibits filed as part of this Quarterly Report on Form 10-Q. Where so indicated, exhibits that were previously filed are incorporated by reference. For exhibits incorporated by reference, the location of the exhibit in the previous filing is indicated.
Incorporated by Reference
Exhibit
Number
Exhibit Description
Form
File No.
Exhibit
Filing Date
1.1
Underwriting Agreement by and among Eloxx Pharmaceuticals, Inc., Citigroup Global Markets Inc. Piper Jaffray & Co., dated April 25, 2018.
8-K
001-31326
1.1
April 26, 2018
3.1
Amended and Restated Certificate of Incorporation of Senesco Technologies, Inc. filed with the State of Delaware on January 22, 2007.
10-K
001-31326
3.1
March 16, 2018
3.2
Amended and Restated Certificate of Incorporation of Senesco Technologies, Inc. filed with the State of Delaware on December 13, 2007.
10-K
001-31326
3.2
March 16, 2018
3.3
Certificate of Amendment to the Amended and Restated Certificate of Incorporation of Senesco Technologies, Inc. filed with the State of Delaware on September 22, 2009.
10-K
001-31326
3.3
March 16, 2018
3.4
Certificate of Amendment to the Amended and Restated Certificate of Incorporation of Senesco Technologies, Inc. filed with the State of Delaware on May 25, 2010.
10-K
001-31326
3.4
March 16, 2018
3.5
Certificate of Amendment to the Amended and Restated Certificate of Incorporation Senesco Technologies, Inc. filed with the State of Delaware on December 22, 2011.
10-K
001-31326
3.5
March 16, 2018
3.6
Certificate of Amendment to the Amended and Restated Certificate of Incorporation of Senesco Technologies, Inc. filed with the State of Delaware on April 1, 2013.
10-K
001-31326
3.6
March 16, 2018
3.7
Certificate of Amendment to the Amended and Restated Certificate of Incorporation, as filed with the Secretary of State of the State of Delaware on October 16, 2013.
10-K
001-31326
3.7
March 16, 2018
3.8
Certificate of Amendment to the Amended and Restated Certificate of Incorporation, as filed with the Secretary of State of the State of Delaware on September 29, 2014.
10-K
001-31326
3.8
March 16, 2018
3.9
Certificate of Amendment to the Amended and Restated Certificate of Incorporation, as filed with the Secretary of State of the State of Delaware on December 19, 2017.
10-K
001-31326
3.9
March 16, 2018
3.10
Certificate of Amendment to the Amended and Restated Certificate of Incorporation, as filed with the Secretary of State of the State of Delaware on December 19, 2017.
10-K
001-31326
3.10
March 16, 2018
3.11
Amended and Restated Bylaws of the Registrant
10-K
001-31326
3.13
March 16, 2018
44
Incorporated by Reference
Exhibit
Number
Exhibit Description
Form
File No.
Exhibit
Filing Date
10.1**
Eloxx Pharmaceuticals, Inc. 2018 Equity Incentive Plan.
8-K
001-31326
10.1
March 30, 2018
10.2**
Form of Stock Option Grant Notice, Option Agreement and Notice of Exercise under the Eloxx Pharmaceuticals, Inc. 2018 Equity Incentive Plan
8-K
001-31326
10.2
March 30, 2018
10.3**
Form of Restricted Stock Unit Grant Notice for non-Israeli employees.
S-8
333-224860
99.5
May 11, 2018
10.4**
Israeli Sub-Plan under the Eloxx Pharmaceuticals, Inc. 2018 Equity Incentive Plan.
8-K
001-31326
10.3
March 30, 2018
10.5**
Form of Israeli Stock Option Grant Package under the Israeli Sub-Plan under the Eloxx Pharmaceuticals, Inc. 2018 Equity Incentive Plan.
8-K
001-31326
10.4
March 30, 2018
10.6*
Form of Restricted Stock Unit Grant Notice for Israeli employees.
10.7
Amendment to Research and License Agreement, by and among Eloxx Pharmaceuticals, Inc., Eloxx Pharmaceuticals Ltd. and Technion Research & Development Foundation Ltd., dated as of June 13, 2018.
8-K
001-31326
10.1
June 14, 2018
10.8
Lease amendment dated June 21, 2018.
8-K
001-31326
10.1
June 26, 2018
10.9**
Employment Agreement with Dr. Greg Williams dated June 25, 2018.
8-K
001-31326
10.2
June 26, 2018
31.1*
Certification of the Company’s Chief 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.
31.2*
Certification of the Company’s Chief 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.
32.1***
Certification of the Company’s Chief 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 the Company’s Chief Executive Officer pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.
101.INS*
XBRL Instance Document.
101.SCH*
XBRL Taxonomy Extension Schema Document.
101.CAL*
XBRL Taxonomy Extension Calculation Linkbase Document.
45
Incorporated by Reference
Exhibit
Number
Exhibit Description
Form
File No.
Exhibit
Filing Date
101.DEF*
XBRL Taxonomy Extension Definition Linkbase
Document.
101.LAB*
XBRL Taxonomy Extension Label Linkbase Document.
101.PRE*
XBRL Taxonomy Extension Presentation Linkbase Document.
*
Filed herewith.
**
Indicates a management contract or compensatory plan or arrangement required to be filed pursuant to Item 15(b) of Form 10-K.
** *
This certification is being furnished solely to accompany this Quarterly Report on Form 10-Q pursuant to 18 U.S.C. Section 1350, and is not being filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to the liability of that section, nor shall it be deemed incorporated by reference into any filing of the registrant under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended, whether made before or after the date hereof, regardless of any general incorporation language in such filing.
46
SIGNAT URES
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.
ELOXX PHARMACEUTICALS, INC.
Date: August 9, 2018
by:
/s/ Robert E. Ward
Robert E. Ward
Chairman of the Board and Chief Executive Officer
(Principal Executive Officer)
Date: August 9, 2018
by:
/s/ Gregory Weaver
Gregory Weaver
Chief Financial Officer
(Principal Financial Officer and Principal Accounting Officer)
47
Text extracted from the filing as submitted to EDGAR. Formatting, tables and exhibits are simplified for reading; the original document is authoritative for anything you rely on.