Toxic Filings

[sludgehound]

OPXA ah down on $12M offering $1.50

Close day 2.99 +1.66 +132% and ah 2.49 -.43 on 295K shrs.
Looks like another SCON type play. Need lots patience with these.
No revs drug play with Yr Low 0.35 H 5.19

Aug. 7, 2013, 9:09 p.m. EDT

Opexa Therapeutics, Inc. Announces Pricing of Public Offering of Common Stock

THE WOODLANDS, Texas, Aug 07, 2013 (BUSINESS WIRE) -- Opexa Therapeutics, Inc. /quotes/zigman/13239615/quotes/nls/opxa OPXA +131.75% , a biotechnology company developing Tcelna(R), a patient-specific T-cell immunotherapy for the treatment of multiple sclerosis (MS), today announced the pricing of an underwritten public offering of 12 million shares of its common stock at a price to the public of $1.50 per share. The gross proceeds to Opexa from this offering are expected to be approximately $18 million, before deducting underwriting discounts and commissions and other estimated offering expenses. All of the shares in the offering are to be sold by Opexa. Opexa has also granted the underwriters a 30-day option to purchase up to an additional 1.8 million shares of common stock to cover over-allotments, if any. The offering is expected to close on or about August 13, 2013, subject to customary closing conditions.

Opexa intends to use the net proceeds from the offering to fund further clinical development of Tcelna in an ongoing Phase IIb clinical study of patients with Secondary Progressive MS as well as the expenses of its operations during such development and for general corporate purposes. Opexa may also use a portion of the net proceeds to repay all or a portion of its outstanding convertible secured promissory notes.

Aegis Capital Corp. is acting as sole book-running manager in this offering.

A registration statement on Form S-1 relating to these securities was declared effective by the Securities and Exchange Commission on August 7, 2013. A preliminary prospectus relating to and describing the terms of the offering has been filed with the SEC and is available on the SEC's website at http://www.sec.gov. Copies of the preliminary prospectus may also be obtained from the offices of Aegis Capital Corp., Prospectus Department, 810 Seventh Avenue, 18th Floor, New York, NY, 10019, via telephone at [phone], or via email at prospectusaegiscap.com.

This press release does not constitute an offer to sell or the solicitation of an offer to buy these securities, nor will there be any sale of these securities in any state or other jurisdiction in which such offer, solicitation or sale would be unlawful prior to registration or qualification under the securities laws of any such state or jurisdiction.

About Opexa

Opexa's mission is to lead the field of Precision Immunotherapy(TM) by aligning the interests of patients, employees and shareholders. The Company's leading therapy candidate, Tcelna(R), is a personalized T-cell immunotherapy that is in a Phase IIb clinical development program (the Abili-T trial) for the treatment of Secondary Progressive MS. Tcelna is derived from T-cells isolated from the patient's peripheral blood, expanded ex vivo, and reintroduced into the patients via subcutaneous injections. This process triggers a potent immune response against specific subsets of autoreactive T-cells known to attack myelin.

About Multiple Sclerosis (MS)

Multiple Sclerosis is a chronic, inflammatory condition of the central nervous system and is the most common, non-traumatic, disabling neurological disease in young adults. It is estimated that approximately two million people have MS worldwide.

While symptoms can vary, the most common symptoms of MS include blurred vision, numbness or tingling in the limbs and problems with strength and coordination. The relapsing forms of MS are the most common. The Secondary Progressive form of MS represents about a third of the MS patient population.

About Tcelna

Tcelna(R) is a potential personalized therapy that is under development to be specifically tailored to each patient's disease profile. Tcelna is manufactured using ImmPath(TM), Opexa's proprietary method for the production of a patient-specific T-cell immunotherapy, which encompasses the collection of blood from the MS patient, isolation of peripheral blood mononuclear cells, generation of an autologous pool of myelin-reactive T-cells (MRTCs) raised against selected peptides from myelin basic protein (MBP), myelin oligodendrocyte glycoprotein (MOG) and proteolipid protein (PLP), and the return of these expanded, irradiated T-cells back to the patient. These attenuated T-cells are reintroduced into the patient via subcutaneous injection to trigger a therapeutic immune system response.

Opexa is currently conducting a Phase IIb study of Tcelna. Named "Abili-T," the trial is a randomized, double-blind, placebo-controlled clinical study in patients who demonstrate evidence of disease progression with or without associated relapses. The trial is expected to enroll 180 patients at approximately 30 leading clinical sites in the U.S. and Canada with each patient receiving two annual courses of Tcelna treatment consisting of five subcutaneous injections per year. The trial's primary efficacy outcome is the percentage of brain volume change (atrophy) at 24 months. Study investigators will also measure several important secondary outcomes commonly associated with MS, including disease progression as measured by the Expanded Disability Status Scale (EDSS), annualized relapse rate and changes in disability as measured by EDSS and the MS Functional Composite.

For more information visit the Opexa Therapeutics website at www.opexatherapeutics.com.

Cautionary Statement Relating to Forward - Looking Information for the Purpose of "Safe Harbor" Provisions of the Private Securities Litigation Reform Act of 1995