0001816079-20-000018.txt : 20200824 0001816079-20-000018.hdr.sgml : 20200824 20200824142321 ACCESSION NUMBER: 0001816079-20-000018 CONFORMED SUBMISSION TYPE: DFAN14A PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20200824 DATE AS OF CHANGE: 20200824 EFFECTIVENESS DATE: 20200824 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: CYTRX CORP CENTRAL INDEX KEY: 0000799698 STANDARD INDUSTRIAL CLASSIFICATION: BIOLOGICAL PRODUCTS (NO DIAGNOSTIC SUBSTANCES) [2836] IRS NUMBER: 581642750 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: DFAN14A SEC ACT: 1934 Act SEC FILE NUMBER: 000-15327 FILM NUMBER: 201126872 BUSINESS ADDRESS: STREET 1: 11726 SAN VICENTE BOULEVARD STREET 2: SUITE 650 CITY: LOS ANGELES STATE: CA ZIP: 90049 BUSINESS PHONE: 310-826-5648 MAIL ADDRESS: STREET 1: 11726 SAN VICENTE BOULEVARD STREET 2: SUITE 650 CITY: LOS ANGELES STATE: CA ZIP: 90049 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: Hammann Jerald CENTRAL INDEX KEY: 0001816079 FILING VALUES: FORM TYPE: DFAN14A MAIL ADDRESS: STREET 1: 1566 SUMTER AVE N CITY: MINNEAPOLIS STATE: MN ZIP: 55427-4048 DFAN14A 1 withdrawalProxyContest.htm 2020 NOTICE OF WITHDRAWAL FROM PROXY CONTEXT Hammann E-mail to Former CytRx Shareholders Who May Still Own Shares

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 

SCHEDULE 14A

(Rule 14a-101)

 

INFORMATION REQUIRED IN PROXY STATEMENT

 

SCHEDULE 14A INFORMATION

 

Proxy Statement Pursuant to Section 14(a) of The Securities Exchange Act of 1934

 

(Amendment No.      )

 

Filed by the Registrant ☐

 

Filed by a Party other than the Registrant ☒

 

Check the appropriate box:

 

☐Preliminary Proxy Statement

 

☐Confidential, for Use of the Commission Only (as permitted by Rule 14a-6(e)(2))

 

☐Definitive Proxy Statement

 

☒Definitive Additional Materials

 

☐Soliciting Material Under Rule 14a-12

  

CytRx Corporation

(Name of Registrant as Specified in Its Charter)

 

JERALD A. HAMMANN

(Name of Persons(s) Filing Proxy Statement, if Other Than the Registrant)

 

Payment of Filing Fee (Check the appropriate box):

 

☒No fee required.

 

☐Fee computed on table below per Exchange Act Rules 14a-6(i)(1) and 0-11.

 

 

 

 

(1)Title of each class of securities to which transaction applies:

 

 

 

(2)Aggregate number of securities to which transaction applies:

 

 

 

(3)Per unit price or other underlying value of transaction computed pursuant to Exchange Act Rule 0-11 (set forth the amount on which the filing fee is calculated and state how it was determined):

 

 

 

(4)Proposed maximum aggregate value of transaction:

 

 

 

(5)Total fee paid:

 

 

 

☐Fee paid previously with preliminary materials:

  

 

 

☐          Check box if any part of the fee is offset as provided by Exchange Act Rule 0-11(a)(2) and identify the filing for which the offsetting fee was paid previously. Identify the previous filing by registration statement number, or the form or schedule and the date of its filing.

 

 

 

(1)Amount previously paid:

 

 

 

(2)Form, Schedule or Registration Statement No.:

 

 

 

(3)Filing Party:

 

 

 

(4)Date Filed:

 

 

 

 

 

August 24, 2020

Jerald Hammann has filed a definitive proxy statement and accompanying WHITE proxy card with the Securities and Exchange Commission to be used to solicit votes to elect himself as a member of the CytRx Corporation Board of Directors and to solicit votes against a proposal made by the Company.

On August 21, 2020, the Company and Hammann entered into a Cooperation Agreement relating to proposals made by the Company to be voted upon at its upcoming Shareholder Meeting. As one of the terms of the Cooperation Agreement, Hammann will not vote any proxies received from stockholders of the Company on the WHITE proxy card at the Shareholder Meeting. Any stockholder wishing to vote on the proposals made by the Company can do so on the Company's BLUE proxy card.