2 unchanged sentences
that the Court of Chancery of the State of Delaware is the exclusive forum for the following types of actions or proceedings:
−Removed: derivative action or proceeding brought on behalf of the Company, any action asserting a claim of breach of a fiduciary duty owed
−Removed: by any director, officer or other employee of the Company to the Company or the Company’s stockholders, any action asserting
−Removed: a claim against the Company arising pursuant to any provision of the Delaware General Corporation Law or the Company’s certificate
−Removed: of incorporation or bylaws, or any action asserting a claim against the Company governed by the internal affairs doctrine.
−Removed: the fact that our certificate of incorporation provides for this exclusive forum provision to be applicable to the fullest extent
−Removed: permitted by applicable law, Section 27 of the Securities and Exchange Act of 1934, as amended (the “
−Removed: Exchange Act ”),
−Removed: creates exclusive federal jurisdiction over all suits brought to enforce any duty or liability created by the Exchange Act or the
−Removed: rules and regulations thereunder and Section 22 of the Securities Act of 1933, as amended (the “
−Removed: Securities Act ”),
−Removed: creates concurrent jurisdiction for federal and state courts over all suits brought to enforce any duty or liability created by
−Removed: the Securities Act or the rules and regulations thereunder.
−Removed: As a result, this provision of our certificate of incorporation would
−Removed: not apply to claims brought to enforce a duty or liability created by the Securities Act, Exchange Act, or any other claim for
−Removed: which the federal courts have exclusive jurisdiction.
+Added: any derivative action or proceeding brought on behalf of the Company, any action asserting a claim of breach of a fiduciary duty
+Added: owed by any director, officer or other employee of the Company to the Company or the Company’s stockholders, any action
+Added: asserting a claim against the Company arising pursuant to any provision of the Delaware General Corporation Law or the Company’s
+Added: certificate of incorporation or bylaws, or any action asserting a claim against the Company governed by the internal affairs doctrine.
+Added: Despite the fact that our certificate of incorporation provides for this exclusive forum provision to be applicable to the fullest
+Added: extent permitted by applicable law, Section 27 of the Securities and Exchange Act of 1934, as amended (the “
+Added: Act ”), creates exclusive federal jurisdiction over all suits brought to enforce any duty or liability created by the
+Added: Exchange Act or the rules and regulations thereunder and Section 22 of the Securities Act of 1933, as amended (the “
+Added: Act ”), creates concurrent jurisdiction for federal and state courts over all suits brought to enforce any duty or liability
+Added: created by the Securities Act or the rules and regulations thereunder.
+Added: As a result, this provision of our certificate of incorporation
+Added: would not apply to claims brought to enforce a duty or liability created by the Securities Act, Exchange Act, or any other claim
+Added: for which the federal courts have exclusive jurisdiction.
EXHIBIT INDEX
3 unchanged sentences
The following financial information from the Quarterly Report on Form 10-Q of Phio Pharmaceuticals Corp.
−Removed: for the quarter ended June 30, 2020, formatted in XBRL (eXtensible Business Reporting Language):
−Removed: (1) Condensed Consolidated Balance Sheets as of June 30, 2020 and December 31, 2019;
−Removed: (2) Condensed Consolidated Statements of Operations for the Three and Six Months Ended June 30, 2020 and 2019;
+Added: for the quarter ended September 30, 2020, formatted in XBRL (eXtensible Business Reporting Language):
+Added: (1) Condensed Consolidated Balance Sheets as of September 30, 2020 and December 31, 2019;
+Added: (2) Condensed Consolidated Statements of Operations for the Three and Nine Months Ended September 30, 2020 and 2019;
(3) Condensed Consolidated Statements of Stockholders’
−Removed: Equity for the Three and Six Months Ended June 30, 2020 and 2019;
−Removed: (4) Condensed Consolidated Statements of Cash Flows for the Six Months Ended June 30, 2020 and 2019;
+Added: Equity for the Three and Nine Months Ended September 30, 2020 and 2019;
+Added: (4) Condensed Consolidated Statements of Cash Flows for the Nine Months Ended September 30, 2020 and 2019;
and (5) Notes to Condensed Consolidated Financial Statements (Unaudited).*
6 unchanged sentences
President and Chief Executive Officer
−Removed: August 12, 2020
+Added: November 10, 2020
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.