0001558370-19-005502.txt : 20190605 0001558370-19-005502.hdr.sgml : 20190605 20190605080638 ACCESSION NUMBER: 0001558370-19-005502 CONFORMED SUBMISSION TYPE: DEFA14A PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20190605 DATE AS OF CHANGE: 20190605 EFFECTIVENESS DATE: 20190605 FILER: COMPANY DATA: COMPANY CONFORMED NAME: INVIVO THERAPEUTICS HOLDINGS CORP. CENTRAL INDEX KEY: 0001292519 STANDARD INDUSTRIAL CLASSIFICATION: SURGICAL & MEDICAL INSTRUMENTS & APPARATUS [3841] IRS NUMBER: 000000000 STATE OF INCORPORATION: NV FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: DEFA14A SEC ACT: 1934 Act SEC FILE NUMBER: 001-37350 FILM NUMBER: 19878559 BUSINESS ADDRESS: STREET 1: ONE KENDALL SQUARE STREET 2: BUILDING 1400 EAST 4TH FLOOR CITY: CAMBRIDGE STATE: MA ZIP: 02139 BUSINESS PHONE: 617-863-5524 MAIL ADDRESS: STREET 1: ONE KENDALL SQUARE STREET 2: BUILDING 1400 EAST 4TH FLOOR CITY: CAMBRIDGE STATE: MA ZIP: 02139 FORMER COMPANY: FORMER CONFORMED NAME: Design Source, Inc. DATE OF NAME CHANGE: 20040602 DEFA14A 1 defa14a.htm DEFA14A nviv_DEFA14A_Georgeson

 

 

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, DC 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 Pursuant to §240.14a-12

 

InVivo Therapeutics Holdings Corp.

(Name of Registrant as Specified in its Charter)

 

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:

 

 

 

 

 

 

 

INVIVO THERAPEUTICS HOLDINGS CORP.

SUPPLEMENTAL MATERIAL TO OUR PROXY STATEMENT

FOR OUR ANNUAL MEETING TO BE HELD ON JUNE 11, 2019

This Supplement dated June 5, 2019 amends and supplements the Proxy Statement of InVivo Therapeutics Holdings Corp. (the “Company”) dated April 25, 2019 (the “Proxy Statement”), with the following information:

Engagement of Proxy Solicitor

Subsequent to filing the Proxy Statement for our 2019 Annual Meeting of Stockholders to be held on June 11, 2019, the Company engaged Georgeson LLC (“Georgeson”), an independent proxy solicitation firm, to assist in soliciting proxies on our behalf. The Company has agreed to pay Georgeson a fee of up to $15,000, plus costs and expenses, for these services. In addition, we have agreed to indemnify Georgeson and certain related persons against certain liabilities relating to or arising out of Georgeson’s engagement. Other costs of soliciting votes in connection with the Proxy Statement have been, or will be, paid by the Company.

Important Information

The Company has filed the definitive Proxy Statement with the Securities and Exchange Commission (the “SEC”) and has furnished to its stockholders the Proxy Statement in connection with the solicitation of proxies for its 2019 Annual Meeting of Stockholders. The Company advises its stockholders to read the Proxy Statement relating to the 2019 Annual Meeting, as amended and supplemented by this Supplement, because it contains important information. Stockholders may obtain a free copy of the Proxy Statement and other documents that the Company files with the SEC at the SEC’s website at www.sec.gov.