As filed with the Securities and Exchange Commission on March 13, 2018
Registration No. 333-222738
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
POST-EFFECTIVE AMENDMENT NO. 1
TO
FORM S-1
REGISTRATION STATEMENT
UNDER
THE SECURITIES ACT OF 1933
INVIVO THERAPEUTICS HOLDINGS CORP.
(Exact name of registrant as specified in its charter)
Nevada
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3841
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36-4528166
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(State or other jurisdiction of
incorporation or organization)
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(Primary Standard Industrial
Classification Code Number)
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(I.R.S. Employer
Identification No.)
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One Kendall Square, Suite B14402
Cambridge, MA 02139
(617) 863-5500
(Address, including zip code, and telephone number, including area code, of registrants principal executive offices)
Richard Toselli, M.D.
Acting Chief Executive Officer
InVivo Therapeutics Holdings Corp.
One Kendall Square, Suite B14402
Cambridge, MA 02139
(617) 863-5500
(Name, address, including zip code, and telephone number, including area code, of agent for service)
Copies to:
Rosemary G. Reilly, Esq.
Wilmer Cutler Pickering Hale and Dorr LLP
60 State Street
Boston, Massachusetts 02109
(617) 526-6000
Approximate date of commencement of proposed sale to the public: As soon as practicable after the effective date of this Registration Statement.
If any of the securities being registered on this form are to be offered on a delayed or continuous basis pursuant to Rule 415 under the Securities Act of 1933, check the following box.
x
If this form is filed to register additional securities for an offering pursuant to Rule 462(b) under the Securities Act, check the following box and list the Securities Act registration statement number of the earlier effective registration statement for the same offering.
o
If this form is a post-effective amendment filed pursuant to Rule 462(c) under the Securities Act, check the following box and list the Securities Act registration statement number of the earlier effective registration statement for the same offering.
o
If this form is a post-effective amendment filed pursuant to Rule 462(d) under the Securities Act, check the following box and list the Securities Act registration statement number of the earlier effective registration statement for the same offering.
x
File No. 333-222738
Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer, smaller reporting company, or an emerging growth company. See the definitions of large accelerated filer, accelerated filer, smaller reporting company, and emerging growth company in Rule 12b-2 of the Exchange Act.
Large accelerated filer
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Accelerated filer
x
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Non-accelerated filer
o
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Smaller reporting company
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o
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(Do not check if a smaller reporting company)
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Emerging growth company
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o
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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 7(a)(2)(B) of the Securities Act.
o
This Post-Effective Amendment to the Registration Statement shall become effective upon filing with the Securities and Exchange Commission in accordance with Rule 462(d) under the Securities Act of 1933, as amended.
SIGNATURES
Pursuant to the requirements of the Securities Act of 1933, the registrant has duly caused this Post-Effective Amendment No. 1 to the Registration Statement on Form S-1 to be signed on its behalf by the undersigned, thereunto duly authorized, in the City of Cambridge, Commonwealth of Massachusetts, on March 13, 2018.
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INVIVO THERAPEUTICS HOLDINGS CORP.
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Date:
March 13, 2018
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By:
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/s/ Richard Toselli
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Richard Toselli
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President and Chief Executive Officer (Principal Executive Officer)
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Date:
March 13, 2018
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By:
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/s/ Christopher McNulty
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Christopher McNulty
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Chief Financial Officer (Principal Accounting Officer)
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Pursuant to the requirements of the Securities Act of 1933, this Post-Effective Amendment No. 1 to the Registration Statement has been signed by the following persons in the capacities held on the dates indicated.
Signature
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Title
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Date
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/s/ Richard Toselli
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President and Chief Executive Officer (Principal Executive Officer) and Director
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March 13, 2018
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Richard Toselli
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/s/ Christopher McNulty
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Chief Financial Officer (Principal Financial Officer and Principal Accounting Officer)
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March 13, 2018
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Christopher McNulty
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*
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Director
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March 13, 2018
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Kenneth DiPietro
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*
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Director
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March 13, 2018
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Jeffrey Hatfield
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*
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Director
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March 13, 2018
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Daniel Marshak
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*
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Director
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March 13, 2018
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C. Ann Merrifield
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*
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Director
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March 13, 2018
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Christina Morrison
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*
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Director
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March 13, 2018
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Richard Roberts
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By:
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/s/ Christopher McNulty
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Christopher McNulty
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Attorney-in-Fact
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