0001193125-22-295501.txt : 20221130 0001193125-22-295501.hdr.sgml : 20221130 20221130171700 ACCESSION NUMBER: 0001193125-22-295501 CONFORMED SUBMISSION TYPE: DEFA14A PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20221130 DATE AS OF CHANGE: 20221130 FILER: COMPANY DATA: COMPANY CONFORMED NAME: Apollo Endosurgery, Inc. CENTRAL INDEX KEY: 0001251769 STANDARD INDUSTRIAL CLASSIFICATION: SURGICAL & MEDICAL INSTRUMENTS & APPARATUS [3841] IRS NUMBER: 161630142 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: DEFA14A SEC ACT: 1934 Act SEC FILE NUMBER: 001-35706 FILM NUMBER: 221436320 BUSINESS ADDRESS: STREET 1: 1120 SOUTH CAPITAL OF TX HWY STREET 2: BUILDING 1 SUITE 300 CITY: AUSTIN STATE: TX ZIP: 78746 BUSINESS PHONE: 512-279-5100 MAIL ADDRESS: STREET 1: 1120 SOUTH CAPITAL OF TX HWY STREET 2: BUILDING 1 SUITE 300 CITY: AUSTIN STATE: TX ZIP: 78746 FORMER COMPANY: FORMER CONFORMED NAME: LPATH, INC DATE OF NAME CHANGE: 20060316 FORMER COMPANY: FORMER CONFORMED NAME: LPATH INC DATE OF NAME CHANGE: 20051202 FORMER COMPANY: FORMER CONFORMED NAME: NEIGHBORHOOD CONNECTIONS INC DATE OF NAME CHANGE: 20040323 DEFA14A 1 d429461ddefa14a.htm DEFA14A DEFA14A

 

 

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 

 

SCHEDULE 14A

PROXY STATEMENT PURSUANT TO SECTION 14(a) OF THE

SECURITIES EXCHANGE ACT OF 1934

 

 

Filed by the Registrant  ☒

Filed by a Party other than the Registrant  ☐

Check the appropriate box:

 

  ☐

Preliminary Proxy Statement

 

  ☐

Confidential, for Use of the Commission Only (as permitted by Rule 14a-6(e)(2))

 

  ☐

Definitive Proxy Statement

 

  ☐

Definitive Additional Materials

 

  ☒

Soliciting Material Pursuant to § 240.14a-12

Apollo Endosurgery, Inc.

(Name of Registrant as Specified In Its Charter)

(Name of Person(s) Filing Proxy Statement if other than the Registrant)

Payment of Filing Fee (Check the appropriate box)

 

  ☒

No fee required.

 

  ☐

Fee paid previously with preliminary materials.

 

  ☐

Fee computed on table in exhibit required by Item 25(b) per Exchange Act Rules 14a-6(i)(1) and 0-11.

 

 

 

This Schedule 14A filing consists of the following communications from Apollo Endosurgery, Inc., a Delaware corporation (the “Company” or “Apollo”), relating to the Agreement and Plan of Merger, dated November 29, 2022, by and among the Company, Boston Scientific Corporation, a Delaware corporation (“Boston Scientific”), and Textile Merger Sub, Inc., a Delaware corporation, and the proposed transactions thereunder:

 

  1.

LinkedIn Post

 

  2.

Twitter Post

Each item above was first used or made available on November 29, 2022.

LinkedIn Post

Apollo Endosurgery announced it has entered into a definitive merger agreement to be acquired by Boston Scientific. This transaction has been unanimously approved by the Apollo Board of Directors.

The transaction is subject to the satisfaction of customary closing conditions, including approval by a majority of Apollo’s stockholders and applicable regulatory approval, and is expected to close in the first half of 2023. Apollo Endosurgery released the announcement on Nov. 29, which contains important information about the transaction and should be read in its entirety.

https://ir.apolloendo.com/

Twitter Post

Apollo Endosurgery announced it has entered into an agreement to be acquired by Boston Scientific Corporation. This transaction has been unanimously approved by Apollo BOD and is subject to customary closing conditions. Read Apollo’s announcement: https://ir.apolloendo.com/