0001214659-19-006996.txt : 20191112 0001214659-19-006996.hdr.sgml : 20191112 20191112083312 ACCESSION NUMBER: 0001214659-19-006996 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20191106 FILED AS OF DATE: 20191112 DATE AS OF CHANGE: 20191112 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Lough Denver CENTRAL INDEX KEY: 0001691208 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-32404 FILM NUMBER: 191206369 MAIL ADDRESS: STREET 1: 4041-T HADLEY ROAD CITY: SOUTH PLAINFIELD STATE: NJ ZIP: 07080 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: POLARITYTE, INC. CENTRAL INDEX KEY: 0001076682 STANDARD INDUSTRIAL CLASSIFICATION: BIOLOGICAL PRODUCTS (NO DIAGNOSTIC SUBSTANCES) [2836] IRS NUMBER: 061529524 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 123 NORTH WRIGHT BROTHERS DRIVE CITY: SALT LAKE CITY STATE: UT ZIP: 84116 BUSINESS PHONE: (800)-560-3983 MAIL ADDRESS: STREET 1: 123 NORTH WRIGHT BROTHERS DRIVE CITY: SALT LAKE CITY STATE: UT ZIP: 84116 FORMER COMPANY: FORMER CONFORMED NAME: MAJESCO ENTERTAINMENT CO DATE OF NAME CHANGE: 20050427 FORMER COMPANY: FORMER CONFORMED NAME: MAJESCO HOLDINGS INC DATE OF NAME CHANGE: 20040416 FORMER COMPANY: FORMER CONFORMED NAME: CONNECTIVCORP DATE OF NAME CHANGE: 20010815 4 1 marketforms-46118.xml PRIMARY DOCUMENT X0306 4 2019-11-06 0001076682 POLARITYTE, INC. PTE 0001691208 Lough Denver 8 EAST BROADWAY, SUITE 320 SALT LAKE CITY UT 84111 false false true true Prior D&O within 90 days Common Stock 2019-11-06 2019-11-08 4 F false 4815 2.90 D 7336904 D NEW SHARE AWARDS: The Reporting Person (RP) was granted a NEW Share Award (SA) of 200,000 Restricted Stock Units (RSUs) on August 26, 2019, commencing October 1, 2019. This NEW SA vests over 18 monthly installments. On November 1, 2019, the Issuer confirmed the vested installment (# 2 of 18) of 11,111 shares from the NEW SA. On November 4, 2019, the RP recognized a failure to distribute the vested shares and contacted the Issuer's Broker who reported that pre-clearance had not been granted by the Issuer for release and transfer of the vested shares. The RP sent communications to the Issuer on November 4, 2019 regarding the unreleased shares. On November 7, 2019 an official "Transaction Confirmation" from the Issuer's Broker indicating 4,815 shares of the 11,111 RSUs vested were retained for "tax withholding, commission and fees," using a standard "Sell-to-Cover" transaction commonly utilized within the Issuer's Stock Plan Services system. PRIOR SHARE AWARDS & DISPUTE: As of November 7, 2019, the Reporting Person (RP) remains in dispute with the Issuer regarding delivery and access to PRIOR Share Awards (SAs) that were previously granted to him as a Director and Officer of the Company during 2016 - 2018, and which were included as consideration for the reduction of the summative cash "Separation Payment," as defined within the RP's three year Executive Employment Agreement (EEA) and other formal public filings by the Issuer. The RP will publicly file detailed information, actions and disclosures for shareholders and regulators with the U.S. Security & Exchange Commission in an updated Schedule 13D/A (Amendment No. 4) for November 2019. DEEMED EXECUTION DATE: The reported formal trade "Settlement Date" was November 8, 2019 as per the "Transaction Confirmation" distributed by the Issuer's Broker. /s/ Denver M. Lough 2019-11-11