0001498382false--06-3000014983822022-11-102022-11-10

 

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, D.C. 20549

 

FORM 8-K

 

CURRENT REPORT

Pursuant to Section 13 or 15(d) of

the Securities Exchange Act of 1934

Date of Report (Date of earliest event reported): November 10, 2022

 

KINTARA THERAPEUTICS, INC.

(Exact name of Registrant as Specified in Its Charter)

 

 

Nevada

001-37823

99-0360497

(State or other jurisdiction

of incorporation)

(Commission File Number)

(IRS Employer

Identification No.)

 

9920 Pacific Heights Blvd, Suite 150

San Diego, CA 92121

 

 

(Address of principal executive offices)

 

Registrant’s Telephone Number, Including Area Code: (858) 350-4364

(Former name or former address, if changed since last report)

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

 

Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4©)

Securities registered pursuant to Section 12(b) of the Act:

 

Title of each class

 

Trading

Symbol(s)

 

Name of each exchange on which registered

Common Stock

 

KTRA

 

The Nasdaq Capital Market

 

Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§ 230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§ 240.12b-2 of this chapter).

Emerging growth company

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 13(a) of the Exchange Act. ☐

 

 

 

 

 

Item 3.03

Material Modification to the Rights of Security Holders.

 

The information contained in Item 5.03 below is incorporated by reference into this Item 3.03.

 

Item 5.03

Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year.

 

On November 10, 2022, Kintara Therapeutics, Inc. (the “Company”) filed a Certificate of Change to the Company’s Articles of Incorporation, as amended, with the Secretary of State of the State of Nevada (the “Certificate of Change”), which effected, at 5:00 p.m. Eastern Time on November 11, 2022, a one-for-fifty (1:50) reverse stock


split (the “Reverse Stock Split”) of both the Company’s issued and outstanding shares of common stock, $0.001 par value per share (the “Common Stock”) and authorized shares of Common Stock. The Common Stock will continue to be quoted on The Nasdaq Capital Market, under the existing ticker symbol “KTRA". In connection with the Reverse Stock Split, the CUSIP number for the Common Stock changed to 49720K200. The Common Stock will begin trading on a Reverse Stock Split-adjusted basis on The Nasdaq Capital Market when the market opens on November 14, 2022.

 

As a result of the Reverse Stock Split, every fifty (50) shares of Common Stock issued and outstanding was converted into one (1) share of Common Stock, with a proportionate 1:50 reduction in the Company’s authorized Common Stock. The Reverse Stock Split affected all stockholders uniformly and did not alter any stockholder’s percentage interest in the Company’s equity, except to the extent that the Reverse Stock Split would have resulted in some stockholders owning a fractional share. No fractional shares were issued in connection with the Reverse Stock Split. Any fractional shares of Common Stock resulting from the Reverse Stock Split will be rounded up to the nearest whole post-Reverse Stock Split share and no stockholders will receive cash in lieu of fractional shares.

 

The Reverse Stock Split did not change the par value of the Common Stock. All outstanding securities entitling their holders to purchase shares of Common Stock or acquire shares of Common Stock, including preferred stock, stock options, restricted stock units, and warrants, were adjusted as a result of the Reverse Stock Split, as required by the terms of those securities.

 

No stockholder approval of the Reverse Stock Split was required under Nevada law, and on October 28, 2022, the Board of Directors of the Company approved and authorized the Reverse Stock Split, including the filing of the Certificate of Change.

 

The foregoing description of the Certificate of Change is a summary of the material terms thereof, does not purport to be complete and is qualified in its entirety by reference to the full text of the Certificate of Change, which is filed with this report as Exhibit 3.1 and is incorporated herein by reference.

 

Item 9.01

Financial Statements and Exhibits.

 

(d) Exhibits

 

As described above, the following exhibits are furnished as part of this report:

 

Exhibit No.

 

Description

 

 

 

3.1

 

Certificate of Change of Articles of Incorporation, as amended, of Kintara Therapeutics, Inc., dated November 10, 2022

104

 

Cover Page Interactive Data File (embedded within the Inline XBRL document)

 

 

SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 

 

 

 

 

 

 

 

KINTARA THERAPEUTICS, INC.

 

 

 

Date: November 14, 2022

 

By:

 

/s/ Scott Praill

 

 

 

 

Name: Scott Praill

 

 

 

 

Title: Chief Financial Officer

 

 

 


 

 

 


EXHIBIT 3.1

 

 

BARBARA K. CEGAVSKE

Secretary of State

202 North Carson Street

Carson City, Nevada 89701-4201 (775) 684-5708

Website: www.nvsos.gov

Certificate of Change Pursuant to NRS 78.209

TYPE OR PRINT - USE DARK INK ONLY - DO NOT HIGHLIGHT

INSTRUCTIONS:

1.
Enter the current name as on file with the Nevada Secretary of State and enter the Entity or Nevada Business Identification Number (NVID).
2.
Indicate the current number of authorized shares and par value, if any, and each class or series before the change.
3.
Indicate the number of authorized shares and par value, if any of each class or series after the change.
4.
Indicate the change of the affected class or series of issued, if any, shares after the change in exchange for each issued share of the same class or series.
5.
Indicate provisions, if any, regarding fractional shares that are affected by the change.
6.
NRS required statement.
7.
This section is optional. If an effective date and time is indicated the date must not be more than 90 days after the date on which the certificate is filed.
8.
Must be signed by an Officer. Form will be returned if unsigned.

1. Entity Information:

Name of entity as on file with the Nevada Secretary of State:

Kintara Therapeutics, Inc.

Entity or Nevada Business Identification Number (NVID): E0341392009-0

2. Current Authorized Shares:

The current number of authorized shares and the par value, if any, of each class or series, if any, of shares before the change:

275,000,000 shares of common stock, par value $0.001 per share

3. Authorized Shares After Change:

The number of authorized shares and the par value, if any, of each class or series, if any, of

shares after the change:

5,500,000 shares of common stock, par value $0.001 per share

4. Issuance:

The number of shares of each affected class or series, if any, to be issued after the

change in exchange for each issued share of the same class or series:

One share of common stock will be issued after the split in exchange for every 50 shares of common stock held by each record holder immediately prior to the effective date and time.

5. Provisions:

The provisions, if any, for the issuance of fractional shares, or for the payment of money or the issuance of scrip to stockholders otherwise entitled to a fraction of a share and the percentage of outstanding shares affected thereby:

Fractional shares will be rounded up to the nearest whole share.

6. Provisions:

The required approval of the stockholders has been obtained.

7. Effective date and time: (Optional)

Date: 11/11/2022 Time: 5:00 p.m. Eastern

(must not be later than 90 days after the certificate is filed)

8. Signature:

(Required)

X /s/ Scott Praill CFO 11/10/2022

Signature of Officer Title Date

This form must be accompanied by appropriate fees.

If necessary, additional pages may be attached to this form.

Page 1 of 1 Revised: 1/1/2019