UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
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FORM
CURRENT REPORT
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Item 7.01 Regulation FD Disclosure.
On July 28, 2023, Xtant Medical Holdings, Inc. (the “Company”) announced that, in accordance with certain procedures (the “Bidding Procedures”) adopted by the United States Bankruptcy Court for the Southern District of Texas, Houston Division (the “Bankruptcy Court”), in connection with the bankruptcy proceedings of Surgalign Holdings, Inc. (the “Seller”), the Seller filed a Notice of Successful Bidder announcing the Company as the successful bidder in the auction (the “Auction”) for certain of the Seller’s assets and liabilities related to its domestic and international biologics and spinal fixation offerings. The winning bid was the Company’s initial bid, as set forth in the Asset Purchase Agreement, dated June 18, 2023, between the Company and the Seller (the “Asset Purchase Agreement”), the terms of which were disclosed in the Company’s Current Reports on Form 8-K filed with the Securities and Exchange Commission on June 20, 2023 and July 11, 2023. Pursuant to the terms of the Asset Purchase Agreement, and pending the issuance of a Sale Order by the Bankruptcy Court, closing of the transaction is expected to occur after the Bankruptcy Court sale hearing, scheduled for August 8, 2023, but in no event later than September 1, 2023.
On July 28, 2023, the Company issued a press release announcing its status as the winning bidder in the Auction, which is attached as Exhibit 99.1 to this Current Report on Form 8-K and incorporated herein by reference.
The information in this report (including Exhibit 99.1) shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or otherwise subject to the liabilities of that section, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933, as amended, or the Exchange Act, except as expressly provided by specific reference in such a filing.
Item 9.01 Financial Statements and Exhibits.
(d) Exhibits.
| Exhibit No. | Description | |
| 99.1 |
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| 104 | Cover Page Interactive Data File (embedded within the Inline XBRL document) |
SIGNATURE
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.
| XTANT MEDICAL HOLDINGS, INC. | ||
| By: | /s/ Sean E. Browne | |
| Sean E. Browne | ||
| President and Chief Executive Officer | ||
| Date: July 28, 2023 | ||