UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
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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): July 31, 2007
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Opexa Therapeutics, Inc.
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(Exact Name of Registrant as Specified in Its Charter)
Texas
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(State or Other Jurisdiction of Incorporation)
001-33004 76-0333165
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(Commission File Number) (I.R.S. Employer Identification No.)
2635 N. Crescent Ridge Drive
The Woodlands, Texas 77381
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(Address of Principal Executive Offices) (Zip Code)
Not Applicable
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(Former name or former address, if changed since last report.)
Registrant's telephone number, including area code: (281) 272-9331
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))
ITEM 1.01 ENTRY INTO A MATERIAL DEFENITIVE AGREEMENT
In February 2004, Opexa entered into a license agreement with the
University of Chicago ("University") for the worldwide license to technology
developed at Argonne National Laboratory, a U.S. Department of Energy Laboratory
Operated by the University. In December 2004, Opexa entered into an amended and
restated license agreement, which was attached as an exhibit to its annual
report on Form 10-KSB filed on April 15, 2005. On July 31, 2007, Opexa entered
into a second amended and restated license agreement. In consideration for the
second amended and restated license agreement, Opexa is not obligated to make
any further payments upon executing the second amendment and is no longer
obligated to make a $1.5 million milestone payment that was due July 31, 2007.
Opexa also is no longer obligated to issue any further shares of Common Stock or
any other securities to the University. The second amended and restated license
agreement includes payments to be made by Opexa to the University upon achieving
certain clinical development milestones.
ITEM 9.01 FINANCIAL STATEMENTS AND EXHIBITS
(c) Exhibits
The following exhibits are to be filed as part of this 8-K:
EXHIBIT NO. IDENTIFICATION OF EXHIBIT
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10.1 (1) (2) Second Amended and Restated License Agreement with University of
Chicago
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(1) Filed herewith.
(2) Portions of this exhibit have been omitted based on a request for
confidential treatment pursuant to the Rule 24b-2 of the Exchange Act.
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.
OPEXA THERAPEUTICS, INC.
By: /s/ Lynne Hohlfeld
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Lynne Hohlfeld, Chief Financial Officer
DATE: August 3, 2007