UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K
CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934
Date of Report (Date of earliest event reported): February 5, 2024
BioRestorative Therapies, Inc.
(Exact name of registrant as specified in its charter)
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Nevada
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001-37603
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30-1341024
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(State or other jurisdiction
of incorporation)
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(Commission
File Number)
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(IRS Employer
Identification No.)
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40 Marcus Drive
Melville, New York
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11747
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(Address of principal executive offices)
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(Zip code)
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Registrant's telephone number, including area code (631) 760-8100
Not Applicable
(Former Name or Former Address, if Changed Since Last Report)
Securities registered pursuant to Section 12(b) of the Securities Exchange Act of 1934:
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Title of each class
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Trading Symbol(s)
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Name of each exchange on which registered
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Common Stock, $0.0001 par value
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BRTX
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NASDAQ Capital Market
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Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following
provisions (see General Instruction A.2. below):
☐ Written communications pursuant to Rule 425 under the Securities
Act (17 CFR 230.425)
☐ Soliciting material pursuant to Rule 14a-12 under the Exchange
Act (17 CFR 240.14a-12)
☐ Pre-commencement communications pursuant to Rule 14d-2(b) under
the Exchange Act (17 CFR 240.14d-2(b))
☐ Pre-commencement communications pursuant to Rule 13e-4(c) under
the Exchange Act (17 CFR 240.13e-4(c))
Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act
of 1934 (§240.12b-2 of this chapter):
Emerging growth company ☐
If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards
provided pursuant to Section 13(a) of the Exchange Act. ☐
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Item 7.01
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Regulation FD Disclosure.
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On February 5, 2024, BioRestorative Therapies, Inc. (the “Company”) issued a press release (the “Press
Release”) announcing the public availability of a poster (the “Poster”) titled “Autologous Stem Cell Therapy for Chronic Lumbar Disc Disease, Initial Phase 2 Clinical Safety and Feasibility Data of Intradiscal Injections of Hypoxic Cultured
Mesenchymal Stem Cells”. The Poster, which was presented on February 4, 2024 by the Company’s Vice President of Research and Development, Francisco Silva, at the Orthopaedic Research Society (ORS) 2024 Annual Meeting (the “ORS Annual Meeting”),
describes preliminary 26–52 week blinded data from the ongoing Phase 2 clinical trial of the Company’s lead clinical candidate, BRTX-100, in subjects with chronic lumbar disc disease. In the Press Release, the Company also announced again that it
will hold a webcasted conference call with an associated slide presentation on February 5, 2024 at 8:30 a.m. ET to review the Poster. A copy of the Press Release is furnished as Exhibit 99.1 to this Current Report on Form 8-K.
The Company intends to use the Poster from time to time on and after February 4, 2024 in presentations
about the Company’s business. As indicated above, the Company used the Poster at the ORS Annual Meeting on February 4, 2024 and may use the Poster, possibly with modification, in other presentations to current and potential investors, lenders,
creditors, insurers, vendors, customers, employees and others with an interest in the Company and its business.
The information contained in the Poster is summary information that should be considered in the context
of the Company’s filings with the Securities and Exchange Commission and other public announcements that the Company may make by press release or otherwise from time to time. The Poster speaks as of the date of this Current Report on Form 8-K.
While the Company may elect to update the Poster in the future or reflect events and circumstances occurring or existing after the date of this Current Report on Form 8-K, the Company specifically disclaims any obligation to do so. The Poster is
furnished as Exhibit 99.2 to this Current Report on Form 8-K and is incorporated herein by reference. The Poster will also be posted in the Investor Relations section of the Company’s website, www.biorestorative.com, for 90 days.
The information referenced under this Item 7.01 (including Exhibits 99.1 and 99.2 referenced in Item 9.01
below) of this Current Report on Form 8-K is being “furnished” under “Item 7.01. Regulation FD Disclosure” and, as such, shall not be deemed to be “filed” for the purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or
otherwise subject to the liabilities of that section. The information set forth in this Current Report on Form 8-K (including Exhibits 99.1 and 99.2 referenced in Item 9.01 below) shall not be incorporated by reference into any registration
statement, report or other document filed by the Company pursuant to the Securities Act of 1933, as amended, except as shall be expressly set forth by specific reference in such filing.
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Item 9.01
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Financial Statements and Exhibits.
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(d) Exhibits.
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Number
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Description
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99.1
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Press release, dated February 5, 2024, issued by BioRestorative Therapies, Inc.
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99.2
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Poster
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104
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Cover Page Interactive Data File (embedded within the Inline XBRL document)
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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.
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BIORESTORATIVE THERAPIES, INC.
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Dated: February 5, 2024
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By:
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/s/ Lance Alstodt
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Lance Alstodt
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President and CEO
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