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): December 13, 2019
Myomo, Inc.
(Exact Name of Company as Specified in Charter)
| Delaware | 001-38109 | 47-0944526 | ||
|
(State or Other Jurisdiction of Incorporation) |
(Commission File Number) |
(IRS Employer Identification No.) |
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One Broadway, 14th Floor Cambridge, MA |
02142 | |||
| (Address of Principal Executive Offices) | (Zip Code) | |||
Company’s telephone number, including area code: (617) 996-9058
Not applicable
(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 ( see General Instruction A.2. below):
| ☐ |
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(c)) |
Securities registered pursuant to Section 12(b) of the Act:
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Title of each class |
Trading Symbol(s) |
Name of each exchange on which registered |
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| Common Stock, $0.0001 par value per share | MYO | NYSE American |
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 5.02. |
Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers. |
On December 13, 2019, Myomo, Inc. (the “Company”) amended the employment agreement between the Company and Mr. Paul R. Gudonis, the Company’s President and Chief Executive Officer, originally dated December 26, 2016 (the “Employment Agreement”). The Employment Agreement has been amended to extend the term of the Employment Agreement for an additional year through December 31, 2020, subject to (i) earlier termination pursuant to the Employment Agreement’s terms and conditions or (ii) extension upon mutual agreement of the parties. All other terms of the Employment Agreement remain in full force and effect.
The foregoing summary of the amendment to the Employment Agreement is qualified in its entirety by reference to the full text of the amendment, a copy of which is included as Exhibit 10.1 to this Current Report on Form 8-K.
| Item 9.01. |
Financial Statements and Exhibits. |
(d) Exhibits:
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Exhibit
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Description |
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| 10.1 | Employment Agreement Amendment 1, dated December 13, 2019, by and between the Company and Paul R. Gudonis | |
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.
| MYOMO, INC. | ||||||
| Date: December 18, 2019 | By: |
/s/ David A. Henry |
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David A. Henry Chief Financial Officer |
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Exhibit 10.1
EMPLOYMENT AGREEMENT AMENDMENT 1
This AMENDMENT 1 is entered into as of December 13, 2019, between Myomo, Inc. (“Myomo” or the “Company”), a Delaware corporation with offices at One Broadway, 14th Floor, Cambridge, MA 02142, and Paul R. Gudonis, an individual (“Executive”) residing at 56 Masconomo St., Manchester, MA 01944.
WITNESSETH:
WHEREAS, the Executive and the Company are parties to that certain Employment Agreement executed on December 26, 2016 and effective on January 1, 2017 (as the same may be amended, restated, supplemented or otherwise modified from time to time, the “Agreement”); and
WHEREAS, the Executive and the Company desire to amend the Term of the Agreement;
NOW, THEREFORE, in consideration of the mutual promises of the parties hereto, and of the mutual covenants and conditions hereinafter expressed, the parties hereto agree as follows:
The following verbiage in Section 1 entitled Term of the Agreement, shall be deleted:
“The term of the Agreement will be for three (3) years, commencing on January 1, 2017 and ending on December 31, 2019, subject to earlier termination pursuant to the terms and conditions discussed in paragraph 4 below, or extension upon the written agreement of the parties hereto (the “Term”).”
And replaced with the following language:
“The term of the Agreement will be for three (3) years, commencing on January 1, 2017 and ending on December 31, 2019, which shall be immediately followed by a one (1) year term commencing on January 1, 2020 and ending on December 31, 2020, subject to earlier termination pursuant to the terms and conditions discussed in paragraph 4 below, or extension upon the written agreement of the parties hereto (the “Term”).”
All other terms and conditions shall remain in force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the year and date written below.
| MYOMO, INC. | ||||||||||
| By: |
/s/ Paul R. Gudonis |
12/13/19 |
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| Paul R. Gudonis, CEO | Date | |||||||||
| By: |
/s/ Thomas F. Kirk |
12/13/19 |
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| Thomas F. Kirk, Lead Director | Date | |||||||||