0001551986-20-000107.txt : 20200504 0001551986-20-000107.hdr.sgml : 20200504 20200504175926 ACCESSION NUMBER: 0001551986-20-000107 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20200424 FILED AS OF DATE: 20200504 DATE AS OF CHANGE: 20200504 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Sitar Edward J CENTRAL INDEX KEY: 0001603489 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-37797 FILM NUMBER: 20846186 MAIL ADDRESS: STREET 1: 39 FLAMING ARROW ROAD CITY: MAHWAH STATE: NJ ZIP: 07430 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: INNOVATE BIOPHARMACEUTICALS, INC. CENTRAL INDEX KEY: 0001551986 STANDARD INDUSTRIAL CLASSIFICATION: PHARMACEUTICAL PREPARATIONS [2834] IRS NUMBER: 000000000 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 8480 HONEYCUTT ROAD STREET 2: SUITE 120 CITY: RALEIGH STATE: NC ZIP: 27615 BUSINESS PHONE: 919-275-1933 MAIL ADDRESS: STREET 1: 8480 HONEYCUTT ROAD STREET 2: SUITE 120 CITY: RALEIGH STATE: NC ZIP: 27615 FORMER COMPANY: FORMER CONFORMED NAME: Monster Digital, Inc. DATE OF NAME CHANGE: 20150930 FORMER COMPANY: FORMER CONFORMED NAME: Tandon Digital, Inc. DATE OF NAME CHANGE: 20120611 4 1 wf-form4_158862954778796.xml FORM 4 X0306 4 2020-04-24 0 0001551986 INNOVATE BIOPHARMACEUTICALS, INC. NMTR 0001603489 Sitar Edward J C/O 9 METERS BIOPHARMA, INC. 8480 HONEYCUTT RD, STE 120 RALEIGH NC 27615 0 1 0 0 Chief Financial Officer Stock Option (Right to Buy) 0.6 2020-04-24 4 A 0 176156 0 A 2020-04-24 2030-04-24 Common stock 176156.0 176156 D Stock Option (Right to Buy) 0.7 2020-04-30 4 A 0 125000 0 A 2020-04-30 Common stock 125000.0 125000 D The option vested in full on 4/24/2020. 25% of the option will be deemed vested and exercisable on 4/30/2020, with the remainder vesting monthly over the next 48 months, subject to the executive's continued service with the Company through each applicable vesting date. /s/ Edward J. Sitar, as power of attorney 2020-05-04 EX-24 2 ex-24.htm POA ESITAR 2020

POWER OF ATTORNEY


    Known all by these presents, that the undersigned hereby constitutes and appoints each of John Temperato, Donald R. Reynolds and Lorna A. Knick, and each of them acting alone, signing singly and with full power of substitution, the undersigned's true and lawful attorney-in-fact to:  (1) execute for and on behalf of the undersigned, in the undersigned's capacity as an officer, director and/or 10% or more stockholder of Innovate Biopharmaceuticals, Inc., to be renamed 9 Meters Biopharma, Inc. (the "Company"), Forms ID, 3, 4 and 5, Update Passphrase Acknowledgement (and any amendments thereto) in accordance with Section 16(a) of the Securities Exchange Act of 1934, as amended (the "1934 Act") and Schedules 13D and/or 13G (and any amendments thereto) in accordance with the 1934 Act, and the rules promulgated thereunder; (2) do and perform any and all acts for and on behalf of the undersigned which may be necessary or desirable to complete and execute any such Form ID, 3, 4 and 5, Update Passphrase Acknowledgement and Schedules 13D and/or 13G (and any amendments thereto) and to file timely such form with the United States Securities and Exchange Commission and any stock exchange or similar authority; and (3) take any other action of any type whatsoever in connection with the foregoing which in the opinion of such attorney-in-fact may be of benefit to, in the best interest of, or legally required by, the undersigned, it being understood that the documents executed by such attorney-in-fact on behalf of the undersigned pursuant to this Power of Attorney shall be in such form and shall contain such terms and conditions as such attorney-in-fact may approve in such attorney-in-fact's discretion.

    The undersigned hereby grants to each such attorney-in-fact full power and authority to do and perform any and every act and thing whatsoever requisite, necessary or proper to be done in the exercise of any of the rights and powers herein granted, as fully to all intents and purposes as the undersigned might or could do if personally present, with full power of substitution or revocation, hereby ratifying and confirming all that such attorney-in-fact, or such attorney-in-fact's substitute or substitutes, shall lawfully do or cause to be done by virtue of this power of attorney and the rights and powers herein granted.  The undersigned acknowledges that the foregoing attorneys-in-fact, in serving in such capacity at the request of the undersigned, are not assuming, nor is the Company assuming, any of the undersigned's responsibilities to comply with Section 16 of the 1934 Act.

    This Power of Attorney shall remain in full force and effect until the undersigned is no longer required to file Forms ID, 3, 4 and 5 and Schedules 13D and/or 13G with respect to the undersigned's holdings of and transactions in securities issued by the Company, unless earlier revoked by the undersigned in a signed writing delivered to each of the foregoing attorneys-in-fact.

    IN WITNESS WHEREOF, the undersigned has caused this Power of Attorney to be executed as of this 23rd day of March 2020.

/s/ Edward J. Sitar