(Address of principal executive offices) (Zip Code)
Registrant’s
telephone number, including area code: (i770) i651-9100
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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
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Securities registered pursuant to Section 12(b) of the Act:
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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).
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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. ☐
Item 8.01 Other Events
On
September 4, 2020, MiMedx Group, Inc. (the "Company") entered into a Stipulation and Agreement of Settlement to resolve four previously disclosed shareholder derivative actions.
On October 8, 2020, the United States District Court for the Northern District of Georgia (the "Court"), issued an order granting preliminary approval of the settlement, which consists of various corporate governance reforms and payments of plaintiffs' attorneys' fees and expenses in the amount of $3,500,000. A hearing to determine whether the Court should issue a final order approving the proposed settlement has been scheduled for December 21, 2020. If the settlement is approved by the Court, the
Company's insurance carrier will fund the entire monetary aspect of the settlement and the derivative actions will be dismissed with prejudice.
Attached as Exhibit 99.1 to this report is the Notice of Pendency and Proposed Settlement of the Shareholder Derivative Actions ("Notice of Proposed Settlement"), describing, among other things, the background of the claims and the settlement and providing that any objections to the settlement must be made by shareholders of the Company on or before December 7, 2020 in the manner described in the Notice of Proposed Settlement. The Notice of Proposed Settlement should be read in conjunction with the Stipulation and Agreement
of Settlement dated September 4, 2020, which has been filed with the Court and is attached as Exhibit 99.2 to this report.
The cover page from this Current Report on Form 8-K, formatted in Inline XBRL.
SIGNATURES
Pursuant to the requirements of the Exchange Act, the
Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
