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CERTIFICATE OF AMENDMENT
TO THE
RESTATED CERTIFICATE OF FORMATION
OF
OPEXA THERAPEUTICS, INC.
Pursuant to the
provisions of Section 3.053 of the Texas Business Organizations
Code, Opexa Therapeutics, Inc., a Texas corporation (the
“Corporation”), hereby adopts the following Certificate
of Amendment to its Restated Certificate of Formation (the
“Restated Certificate”).
ARTICLE I.
The
name of the Corporation is Opexa
Therapeutics, Inc. The file number issued to the Corporation
by the Secretary of State of the State of Texas is 118585600 and
the date of formation of the Corporation is March 15,
1991.
ARTICLE II.
The
Restated Certificate is hereby amended by replacing Article I in
its entirety as follows:
“The
name of the Corporation is Acer Therapeutics
Inc.”
ARTICLE III.
This
Certificate of Amendment to the Restated Certificate has been
approved in the manner required by the Texas Business Organizations
Code and by the governing documents of the
Corporation.
ARTICLE IV.
This
Certificate of Amendment shall become effective on September 19, 2017 at 3:03 p.m. Central
Daylight Time.
The
undersigned signs this document subject to the penalties imposed by
law for the submission of a materially false or fraudulent
instrument and certifies under penalty of perjury that the
undersigned is authorized under the provisions of law governing the
entity to execute the filing instrument.
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Dated: September 19,
2017
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By:
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/s/
Neil K.
Warma
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Neil K.
Warma
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