Ensysce Biosciences, Inc. filed an amendment to the Certificate of Designation for its Series C Non-Voting Convertible Preferred Stock on September 25, 2026. The filing, submitted to the Delaware Secretary of State, removes Section 6.5.3 from the original designation, which was filed on August 5, 2026, and subsequently corrected on August 6, 2026.
Section 6.5.3 of the original document stipulated that the Series C Preferred Stock could be redeemed for cash at the option of the holder following stockholder approval of the conversion of preferred shares into common stock. This redemption right was contingent upon a failure to deliver common stock shares in accordance with the terms of the Series C Preferred Stock. The redemption price was to be equal to the then-current fair value of the Series C Preferred Stock.
The amendment, which became effective upon filing, eliminates these redemption terms and references to them. The filing includes the Certificate of Amendment as Exhibit 3.
