SEC Form 4
FORM 4 UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP

Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934
or Section 30(h) of the Investment Company Act of 1940
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Check this box if no longer subject to Section 16. Form 4 or Form 5 obligations may continue. See Instruction 1(b).
1. Name and Address of Reporting Person*
LUCI DAVID P

(Last) (First) (Middle)
C/O ACURX PHARMACEUTICALS, INC.,
259 LIBERTY AVENUE

(Street)
STATEN ISLAND NY 10305

(City) (State) (Zip)
2. Issuer Name and Ticker or Trading Symbol
Acurx Pharmaceuticals, Inc. [ ACXP ]
5. Relationship of Reporting Person(s) to Issuer
(Check all applicable)
X Director X 10% Owner
X Officer (give title below) Other (specify below)
President and CEO
3. Date of Earliest Transaction (Month/Day/Year)
06/29/2021
4. If Amendment, Date of Original Filed (Month/Day/Year)
6. Individual or Joint/Group Filing (Check Applicable Line)
X Form filed by One Reporting Person
Form filed by More than One Reporting Person
Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned
1. Title of Security (Instr. 3) 2. Transaction Date (Month/Day/Year) 2A. Deemed Execution Date, if any (Month/Day/Year) 3. Transaction Code (Instr. 8) 4. Securities Acquired (A) or Disposed Of (D) (Instr. 3, 4 and 5) 5. Amount of Securities Beneficially Owned Following Reported Transaction(s) (Instr. 3 and 4) 6. Ownership Form: Direct (D) or Indirect (I) (Instr. 4) 7. Nature of Indirect Beneficial Ownership (Instr. 4)
Code V Amount (A) or (D) Price
Table II - Derivative Securities Acquired, Disposed of, or Beneficially Owned
(e.g., puts, calls, warrants, options, convertible securities)
1. Title of Derivative Security (Instr. 3) 2. Conversion or Exercise Price of Derivative Security 3. Transaction Date (Month/Day/Year) 3A. Deemed Execution Date, if any (Month/Day/Year) 4. Transaction Code (Instr. 8) 5. Number of Derivative Securities Acquired (A) or Disposed of (D) (Instr. 3, 4 and 5) 6. Date Exercisable and Expiration Date (Month/Day/Year) 7. Title and Amount of Securities Underlying Derivative Security (Instr. 3 and 4) 8. Price of Derivative Security (Instr. 5) 9. Number of derivative Securities Beneficially Owned Following Reported Transaction(s) (Instr. 4) 10. Ownership Form: Direct (D) or Indirect (I) (Instr. 4) 11. Nature of Indirect Beneficial Ownership (Instr. 4)
Code V (A) (D) Date Exercisable Expiration Date Title Amount or Number of Shares
Stock Option $6.26 06/29/2021 A 350,000 (1) 06/28/2031 Common Stock 350,000 $0 350,000 D
Stock Option $6.18 07/01/2021 A 500,000 (2) 06/30/2031 Common Stock 500,000 $0 500,000 D
Explanation of Responses:
1. On June 29, 2021 (the "June Grant Date"), the Reporting Person was granted stock options to purchase 350,000 shares of the Issuer's common stock. 40% of the stock options granted became vested and exercisable on the June Grant Date and 60% of the stock options shall become vested and exercisable as of each monthly anniversary from the June Grant Date, such that all stock options shall be fully vested and exercisable by June 29, 2024. This transaction is late due to an inadvertent administrative error and not any error of the Reporting Person.
2. On July 1, 2021 (the "Employment Agreement Grant Date"), the Reporting Person was granted stock options to purchase 500,000 shares of the Issuer's common stock in connection with the Reporting Person's service as the Issuer's President and Chief Executive Officer pursuant to the Reporting Person's employment agreement. 25% of the stock options granted became vested and exercisable on the Employment Agreement Grant Date and 75% of the stock options shall become vested and exercisable as of each monthly anniversary from the Employment Agreement Grant Date, such that all stock options shall be fully vested and exercisable by July 1, 2024.
Remarks:
Note: File three copies of this Form, one of which must be manually signed. If space is insufficient, see Instruction 6 for procedure.
/s/ Kostantinos Skordalos, Power of Attorney For: David P. Luci 07/06/2021
** Signature of Reporting Person Date
Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly.
* If the form is filed by more than one reporting person, see Instruction 4 (b)(v).
** Intentional misstatements or omissions of facts constitute Federal Criminal Violations See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a).
Note: File three copies of this Form, one of which must be manually signed. If space is insufficient, see Instruction 6 for procedure.
Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB Number.