As filed with the Securities and Exchange Commission on February 8, 2023
Registration No. 333-269475
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
POST-EFFECTIVE
AMENDMENT NO. 1
TO
FORM S-1
REGISTRATION STATEMENT UNDER
THE SECURITIES ACT OF 1933
SINTX Technologies, Inc.
(Exact name of registrant as specified in its charter)
Delaware | 3841 | 84-1375299 | ||
(State or other jurisdiction of incorporation or organization) |
(Primary Standard Industrial Classification Code Number) |
(I.R.S. Employer Identification Number) |
1885 West 2100 South
Salt Lake City, UT, 84119
(801) 839-3500
(Address, including zip code, and telephone number,
including area code, of registrant’s principal executive offices)
B. Sonny Bal, MD
President and Chief Executive Officer
SINTX Technologies, Inc.
1885 West 2100 South
Salt Lake City, UT, 84119
(801) 839-3500
(Name, address, including zip code, and telephone number,
including area code, of agent for service)
Copies to:
David F. Marx Daniel P. Lyman Dorsey & Whitney LLP 111 South Main Street, Suite 2100 Salt Lake City, Utah 84111 |
Barry I. Grossman Sarah E. Williams Matthew Bernstein Ellenoff Grossman & Schole LLP 1345 Avenue of the Americas, 11th Floor New York, NY 10105 |
Approximate date of commencement of proposed sale to the public: As soon as practicable after this registration statement becomes effective.
If any of the securities being registered on this Form are to be offered on a delayed or continuous basis pursuant to Rule 415 under the Securities Act of 1933, check the following box. ☒
If this Form is filed to register additional securities for an offering pursuant to Rule 462(b) under the Securities Act, check the following box and list the Securities Act registration statement number of the earlier effective registration statement for the same offering. ☐
If this Form is a post-effective amendment filed pursuant to Rule 462(c) under the Securities Act, check the following box and list the Securities Act registration statement number of the earlier effective registration statement for the same offering. ☐
If this Form is a post-effective amendment filed pursuant to Rule 462(d) under the Securities Act, check the following box and list the Securities Act registration statement number of the earlier effective registration statement for the same offering. ☒ (File No. 333-269475)
Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer, a smaller reporting company, or an emerging growth company. See the definitions of “large accelerated filer,” “accelerated filer,” “smaller reporting company” and “emerging growth company” in Rule 12b-2 of the Exchange Act:
Large accelerated filer | ☐ | Accelerated filer | ☐ | |
Non-accelerated filer | ☒ | Smaller reporting company | ☒ | |
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 7(a)(2)(B) of the Securities Act. ☐
This Registration Statement shall become effective upon filing with the Commission in accordance with Rule 462(d) under the Securities Act of 1933, as amended.
EXPLANATORY NOTE
This Post-Effective Amendment No. 1 (this “Amendment”) relates to the Registrant’s Registration Statement on Form S-1 (File No. 333-269475), as amended, declared effective on February 7, 2023 by the Securities and Exchange Commission. The Registrant is filing this Amendment for the sole purpose of replacing Exhibit 5.1 to the Registration Statement. This Amendment does not modify any provision of Part I or Part II of the Registration Statement other than Item 16(a) of Part II as set forth below.
PART II
INFORMATION NOT REQUIRED IN PROSPECTUS
Item 16. Exhibits and Financial Statement Schedules.
(a) Exhibits
The following exhibits are being filed with this Registration Statement:
Exhibit Number |
Exhibit Description | Filed
with |
Incorporated
by Form or Schedule |
Filing Date | SEC File/Reg. Number | |||||
5.1 | Opinion of Dorsey & Whitney LLP | X | ||||||||
23.2 | Consent of Dorsey & Whitney LLP (included in Exhibit 5.1) | X | ||||||||
24.1 | Power of Attorney (Signature Block) | Form S-1 (Exhibit 24.1) | 1/31/23 | 333-269475 |
II-1 |
SIGNATURES
Pursuant to the requirements of the Securities Act of 1933, the registrant has duly caused this registration statement to be signed on its behalf by the undersigned, thereunto duly authorized, in Salt Lake City, Utah on February 8, 2023.
SINTX TECHNOLOGIES, INC. | ||
By: | /s/ B. Sonny Bal | |
B. Sonny Bal, M.D. | ||
Chief Executive Officer and President |
Pursuant to the requirements of the Securities Act of 1933, this registration statement has been signed by the following persons in the capacities and on the dates indicated:
SIGNATURE | TITLE | DATE | ||
/s/ B. Sonny Bal | Chief Executive Officer and Director | February 8, 2023 | ||
B. Sonny Bal, M.D. | (Principal Executive Officer and Principal Financial Officer) | |||
* | February 8, 2023 | |||
David W. Truetzel | Director | |||
* | February 8, 2023 | |||
Jeffrey S. White | Director | |||
* | February 8, 2023 | |||
Eric A. Stookey | Director | |||
* | February 8, 2023 | |||
Marc Froimson | Director |
* By: | /s/ B. Sonny Bal | |
B. Sonny Bal, M.D. | ||
Attorney-in-Fact |
II-2 |