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UNITED STATES SECURITIES AND EXCHANGE COMMISSION |
Washington, DC 20549 |
______________________ |
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FORM 8-K |
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CURRENT REPORT PURSUANT |
TO SECTION 13 OR 15(D) OF THE |
SECURITIES EXCHANGE ACT OF 1934 |
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April 1, 2019 |
Date of Report (Date of earliest event reported) |
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APYX MEDICAL CORPORATION |
(Exact name of registrant as specified in its Charter) |
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Delaware | | 12183 | | 11-2644611 |
(State or other jurisdiction of incorporation) | | (Commission File Number) | | (IRS Employer Identification No.) |
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5115 Ulmerton Road Clearwater, Florida 33760 |
(Address of principal executive offices) (Zip Code) |
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727 384-2323 |
Registrant's telephone number, including area code |
(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):
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o | Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
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o | Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
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o | Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
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o | Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) |
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| 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 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 13(a) of the Exchange Act. o | |
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Item 2.02 | Results of Operation and Financial Condition |
The information set forth in Item 8.01 is incorporated by reference into this Item 2.02.
On April 1, 2019, Apyx Medical Corporation (the “Company”) issued a press release announcing that it has voluntarily withdrawn its application to the US Food and Drug Administration for premarket notification 510(k) regulatory clearance of J-Plasma/Renuvion for use in dermal resurfacing procedures. The press release also reported the Company’s preliminary revenue results for the first quarter ended March 31, 2019, and reaffirmed the Company’s revenue outlook for 2019.
A copy of the press release is furnished as Exhibit 99.1 to this Current Report on Form 8-K and is incorporated herein by reference. The information in this report with respect to the Company’s preliminary revenue results for the first quarter ended March 31, 2019 and reaffirmation of its revenue outlook for 2019 (including Exhibit 99.1) is being furnished pursuant to Item 2.02 and shall not be deemed to be “filed” for the purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to the liabilities of that section. This report will not be deemed an admission as to the materiality of any information herein (including Exhibit 99.1).
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Item 9.01 | Financial Statements and Exhibits |
(d) Exhibits.
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Exhibit No. | Description |
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99.1 | |
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.
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Date: April 4, 2019 | | APYX MEDICAL CORPORATION |
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| | By: /s/ Tara Semb |
| | Tara Semb |
| | Chief Financial Officer, Secretary and Treasurer |