UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM
CURRENT REPORT
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| Item 5.02 | Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers. |
As previously disclosed, Randoll Sze resigned as the Company’s Chief Financial Officer and its principal financial and accounting officer effective August 13, 2021.
On September 1, 2021, the Company entered into a consulting agreement with Mr. Sze (the “Company Consulting Agreement”), pursuant to which Mr. Sze will provide consulting services to the Company. Axis Therapeutics Limited (“Axis”), a majority-owned subsidiary of the Company, also entered into a separate consulting agreement with Mr. Sze on September 1, 2021, pursuant to which Mr. Sze will provide advisory services to the Chief Executive Officer of Axis.
Pursuant to the Company Consulting Agreement, Mr. Sze will provide consulting services to the Company for one year, which term will continue unless terminated earlier by either Mr. Sze or the Company. Mr. Sze will receive as compensation for services provided under the Company Consulting Agreement an extension of the term of Mr. Sze’s outstanding stock options granted pursuant to the Company’s 2017 Omnibus Incentive Plan through the term of the Company Consulting Agreement. Mr. Sze will receive no cash compensation for his services.
The foregoing description of the Company Consulting Agreement is a summary of its material terms, does not purport to be complete, and is qualified in its entirety by reference to the Company Consulting Agreement, a copy of which is filed as Exhibit 10.1 to this Current Report on Form 8-K and is incorporated herein by reference.
| Item 9.01 | Financial Statements and Exhibits. |
(d) Exhibits
| Exhibit No. |
Description | |
| 10.1 | Consulting Agreement, dated September 1, 2021, between Athenex, Inc. and Randoll Sze | |
| 104 | Cover Page Interactive Data File (embedded within the Inline XBRL document) | |
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SIGNATURES
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 hereunto duly authorized.
| ATHENEX, INC. | ||||||
| Date: September 3, 2021 | /s/ Johnson Y.N. Lau | |||||
| Name: | Johnson Y.N. Lau | |||||
| Title: | Chief Executive Officer | |||||
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