0001104659-24-088545.txt : 20240812 0001104659-24-088545.hdr.sgml : 20240812 20240812214808 ACCESSION NUMBER: 0001104659-24-088545 CONFORMED SUBMISSION TYPE: 3 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20240812 FILED AS OF DATE: 20240812 DATE AS OF CHANGE: 20240812 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: SCHMITT DANIEL M CENTRAL INDEX KEY: 0001318470 ORGANIZATION NAME: FILING VALUES: FORM TYPE: 3 SEC ACT: 1934 Act SEC FILE NUMBER: 001-42139 FILM NUMBER: 241198557 MAIL ADDRESS: STREET 1: C/O IMMTECH INTERNATIONAL INC STREET 2: 150 FAIRWAY DRIVE SUITE 150 CITY: VERNON HILLS STATE: IL ZIP: 60061 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: ACTUATE THERAPEUTICS, INC. CENTRAL INDEX KEY: 0001652935 STANDARD INDUSTRIAL CLASSIFICATION: PHARMACEUTICAL PREPARATIONS [2834] ORGANIZATION NAME: 03 Life Sciences IRS NUMBER: 473044785 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 1751 RIVER RUN STREET 2: SUITE 400 CITY: FORT WORTH STATE: TX ZIP: 76107 BUSINESS PHONE: 847-986-4190 MAIL ADDRESS: STREET 1: 1751 RIVER RUN STREET 2: SUITE 400 CITY: FORT WORTH STATE: TX ZIP: 76107 FORMER COMPANY: FORMER CONFORMED NAME: Apotheca Therapeutics, Inc. DATE OF NAME CHANGE: 20150911 3 1 tm2420079-4_3seq1.xml OWNERSHIP DOCUMENT X0206 3 2024-08-12 0 0001652935 ACTUATE THERAPEUTICS, INC. ACTU 0001318470 SCHMITT DANIEL M C/O ACTUATE THERAPEUTICS, INC. 1751 RIVER RUN, SUITE 400 FORT WORTH TX 76107 1 1 0 0 President, CEO and Director Common Stock 22223 I By The Andrew Schmitt Irrevocable Trust, dated December 31, 2019 Common Stock 22223 I By The Anna Schmitt Irrevocable Trust, dated December 31, 2019 Common Stock 22223 I By The Edward Schmitt Irrevocable Trust, dated December 31, 2019 Common Stock 564071 I By The Schmitt Family Irrevocable Trust, dated December 31, 2019 Represents shares held by The Andrew Schmitt Irrevocable Trust, dated December 31, 2019, of which the reporting person is trustee. Represents shares held by The Anna Schmitt Irrevocable Trust, dated December 31, 2019, of which the reporting person is trustee. Represents shares held by The Edward Schmitt Irrevocable Trust, dated December 31, 2019, of which the reporting person is trustee. Includes 11,726 unvested restricted common stock award shares that will vest upon the achievement of a strategic partnership or licensing transaction with anticipated gross proceeds of at least $25 million, all of which are held by the Schmitt Family Trust (as defined below). Includes 369,318 shares of restricted common stock, which are held by the Schmitt Family Trust, that were granted on February 22, 2021, of which 25% vested on the first anniversary of the grant date and the remaining 75% vests in equal monthly installments during the 36 months following the first anniversary of the grant date. Represents shares held by The Schmitt Family Irrevocable Trust, dated December 31, 2019, of which the reporting person is trustee (the "Schmitt Family Trust"). Exhibit List Exhibit 24 - Power of Attorney /s/ Paul Lytle, Attorney-in-Fact 2024-08-12 EX-24 2 tm2420079d4_ex24.htm EXHIBIT 24

Exhibit 24

POWER OF ATTORNEY

Know all by these present, that the undersigned does hereby constitute and appoint Paul Lytle, Janis Penman, Janet Spreen, Brittany Stevenson and Michael Gunther, and each of them, as the undersigned’s true and lawful attorneys-in-fact and agents to do any and all things, and execute any or all instruments which, after the advice of counsel, said attorneys and agents may deem necessary and advisable to enable the undersigned to comply with the Securities Exchange Act of 1934, as amended, and any rules, regulations and requirements of the Securities and Exchange Commission (“SEC”), including specifically, but without limitation thereof, power of attorney to sign the undersigned’s name to a Form ID or Update Passphrase Request, Form 144, Form 3, Form 4, Form 5, Schedule 13D or Schedule 13G and any amendments thereto, to be filed with the SEC; and the undersigned does hereby ratify and confirm all that any of said attorneys and agents shall do or cause to be done by virtue hereof. The undersigned may revoke the authority granted herein upon delivering a signed written notice to the foregoing attorneys-in-fact.

Executed on this 3rd day of June, 2024.

/s/ Daniel M. Schmitt
Name: Daniel M. Schmitt

State of: IL

County of: Lake

The foregoing document was acknowledged

before me on this 3rd day of June, 2024

/s/ Brenda K. Getka
Notary Public:
My Commission Expires: 11/17/2024