UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM
CURRENT REPORT
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Item 3.03 Material Modifications to Rights of Security Holders.
The disclosure presented in Item 5.03 of this Current Report is incorporated herein by reference.
Item 5.03 Amendments to Articles of Incorporation or Bylaws.
On March 16, 2022, PolarityTE, Inc. (the “Company”), filed a Certificate of Designation with the Delaware Secretary of State designating 3,000.000435 shares of “blank check” preferred stock as Series A Convertible Preferred Stock, par value $0.001 per share, with a stated value of $1,000 per share (the “Series A Stock”), and designating 2,000.00029 shares of “blank check” preferred stock as Series B Convertible Preferred Stock, par value $0.001 per share, with a stated value of $1,000 per share (the “Series B Stock”). Prior to June 2022, all the Series A Stock and Series B Stock had been converted to common stock, so that as of June 15, 2022, no shares of Series A Stock and Series B Stock remained issued and outstanding and, accordingly, the Board of Directors of the Company adopted resolutions approving elimination of the Series A Stock and Series B Stock from the authorized capital of the Company and returning such shares to the status of authorized and unissued shares of the “blank check” preferred stock of the Company. On June 15, 2022, a Certificate of Elimination was filed with the Secretary of State of the State of Delaware, which had the effect of amending the Company’s Restated Certificate of Incorporation, as amended, to eliminate the Series A Stock and Series B Stock as described above.
Item 9.01 Financial Statements and Exhibits.
| (d) | Exhibits. |
| Exhibit No. | Description | |
| 3.1 | Certificate of Elimination of Series A Convertible Preferred Stock and Series B Convertible Preferred Stock | |
| 104 | Cover Page Interactive Data File, formatted in Inline XBRL |
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.
| POLARITYTE, INC. | |
| Dated: June 16, 2022 | /s/ Jacob Patterson |
| Jacob Patterson | |
| Chief Financial Officer |