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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): January 23, 2023

 

BRIACELL THERAPEUTICS CORP.
(Exact name of registrant as specified in its charter)

 

British Columbia   47-1099599

(State or other jurisdiction

of incorporation or organization)

 

(I.R.S. Employer

Identification No.)

 

Suite 300 - 235 15th Street

West Vancouver, BC V7T 2X1

  V7T 2X1
(Address of principal executive offices)   (Zip Code)

 

(604) 921-1810

(Registrant’s telephone number, including area code)

 

Commission File No. 001-40101

 

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 under Section 12(b) of the Act:

 

Title of each class   Trading Symbol(s)   Name of each exchange on which registered
Common Shares, no par value   BCTX   The Nasdaq Stock Market LLC
Warrants to purchase common shares, no par value   BCTXW   The Nasdaq Stock Market LLC

 

Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (17 CFR §230.405) or Rule 12b-2 of the Securities Exchange Act of 1934 (17 CFR §240.12b-2).

 

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 7.01 Regulation FD Disclosure.

 

On January 23, 2023, BriaCell Therapeutics Corp. (the “Company”) issued a press release announcing its intention to investigate suspected illegal trading in the Company’s securities, which is attached hereto as Exhibit 99.1.

 

The information in this Item 7.01 disclosure, including Exhibit 99.1, is being furnished and shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or otherwise subject to the liabilities under that Section. In addition, the information in this Item 7.01 disclosure, including Exhibit 99.1, shall not be incorporated by reference into the filings of the Company under the Securities Act of 1933, as amended, or the Exchange Act, except as shall be expressly set forth by specific reference in such filing.

 

Item 9.01 Financial Statements and Exhibits

 

EXHIBIT INDEX

 

Exhibit   Description
99.1   Press Release dated as of January 23, 2023
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.

 

  BRIACELL THERAPEUTICS CORP.
   
  /s/ William V. Williams
January 23, 2023

William V. Williams

President and Chief Executive Officer

 

 

 

Exhibit 99.1

 

 

BriaCell to Investigate Alleged Illegal Trading of Public Securities

 

PHILADELPHIA, PA and VANCOUVER, British Columbia, January 23, 2023— BriaCell Therapeutics Corp. (Nasdaq: BCTX, BCTXW) (TSX: BCT) (“BriaCell” or the “Company”), a clinical-stage biotechnology company specializing in targeted immunotherapies for cancer, announced today that it has approved measures to address alleged illegal trading activity of its publicly traded securities. The Company believes that certain individuals and/or companies may have engaged in manipulative and/or suspected illegal trading practices that may have artificially depressed its share price. As a result, BriaCell is implementing a plan to address this issue which may include legal action.

 

BriaCell is working to build one of the leading immuno-oncology companies in the biotech sector with a singular focus on commercializing our novel immunotherapy approach for cancer patients. While our clinical team remains dedicated to developing these desperately needed therapies, the Company recognizes that recent milestones have been achieved with the support of loyal investors who are instrumental in the ongoing development of our assets. By taking action to protect the interests of our shareholders, we are also protecting the interests of the Company and the tens of thousands of cancer patients in need of effective treatment options. To this end, BriaCell is pursuing avenues to address alleged illegal activities carried out by various parties potentially working collusively with the intent of depressing the Company’s share price while undermining the interest of our shareholders.

 

About BriaCell Therapeutics Corp.

 

BriaCell is an immuno-oncology-focused biotechnology company developing targeted and effective approaches for the management of cancer. More information is available at https://briacell.com/.

 

Safe Harbor

 

This press release contains “forward-looking statements” that are subject to substantial risks and uncertainties. All statements, other than statements of historical fact, contained in this press release are forward-looking statements. Forward-looking statements contained in this press release may be identified by the use of words such as “anticipate,” “believe,” “contemplate,” “could,” “estimate,” “expect,” “intend,” “seek,” “may,” “might,” “plan,” “potential,” “predict,” “project,” “target,” “aim,” “should,” “will,” “would,” or the negative of these words or other similar expressions, although not all forward-looking statements contain these words. Examples of forward-looking statements in this news release include statements that the Company makes regarding the Company’s plans to address alleged illegal activities carried out by various parties potentially working collusively with the intent of depressing the Company’s share price which may include legal action. Forward-looking statements are based on BriaCell’s current expectations and are subject to inherent uncertainties, risks, and assumptions that are difficult to predict. Further, certain forward-looking statements are based on assumptions as to future events that may not prove to be accurate. These and other risks and uncertainties are described more fully under the heading “Risks and Uncertainties” in the Company’s most recent Management’s Discussion and Analysis, under the heading “Risk Factors” in the Company’s most recent Annual Information Form, and under “Risks and Uncertainties” in the Company’s other filings with the Canadian securities regulatory authorities and the U.S. Securities and Exchange Commission, all of which are available under the Company’s profiles on SEDAR at www.sedar.com and on EDGAR at www.sec.gov. Forward-looking statements contained in this announcement are made as of this date, and BriaCell Therapeutics Corp. undertakes no duty to update such information except as required under applicable law.

 

Neither the Toronto Stock Exchange nor its Regulation Services Provider (as that term is defined in the policies of the Toronto Stock Exchange) accepts responsibility for the adequacy or accuracy of this release.

 

Contact Information

 

Company Contact:

William V. Williams, MD

President & CEO

1-888-485-6340

[email protected]

 

Media Relations:

Jules Abraham

Director of Public Relations

CORE IR

917-885-7378

[email protected]

 

Investor Relations Contact:

CORE IR

[email protected]