ACER / Acer Therapeutics Inc - SEC Filings, Annual Report, Proxy Statement

Acer Therapeutics Inc
US ˙ NASDAQ ˙ US00444P1084
THIS SYMBOL IS NO LONGER ACTIVE

Basic Stats
LEI 549300BRA7GF5PCH1L04
CIK 1069308
SEC Filings
All companies that sell securities in the United States must register with the Securities and Exchange Commission (SEC) and file reports on a regular basis. These reports include company annual reports (10K, 10Q), news updates (8K), investor presentations (found in 8Ks), insider trades (form 4), ownership reports (13D, and 13G), and reports related to the specific securities sold, such as registration statements and prospectus. This page shows recent SEC filings related to Acer Therapeutics Inc
SEC Filings (Chronological Order)
This page provides a complete, chronological list of SEC Filings, excluding ownership filings which we provide elsewhere.
November 30, 2023 15-12G

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 15 CERTIFICATION AND NOTICE OF TERMINATION OF REGISTRATION UNDER SECTION 12(g) OF THE SECURITIES EXCHANGE ACT OF 1934 OR SUSPENSION OF DUTY TO FILE REPORTS UNDER SECTIONS 13

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 15 CERTIFICATION AND NOTICE OF TERMINATION OF REGISTRATION UNDER SECTION 12(g) OF THE SECURITIES EXCHANGE ACT OF 1934 OR SUSPENSION OF DUTY TO FILE REPORTS UNDER SECTIONS 13 AND 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Commission File Number 001-33004 Acer Therapeutics Inc. (Exact name of registrant as specified in it

November 20, 2023 POS AM

As filed with the Securities and Exchange Commission on November 20, 2023

As filed with the Securities and Exchange Commission on November 20, 2023 Registration No.

November 20, 2023 S-8 POS

As filed with the Securities and Exchange Commission on November 20, 2023

As filed with the Securities and Exchange Commission on November 20, 2023 Registration No.

November 20, 2023 POS AM

As filed with the Securities and Exchange Commission on November 20, 2023

As filed with the Securities and Exchange Commission on November 20, 2023 Registration No.

November 20, 2023 S-8 POS

As filed with the Securities and Exchange Commission on November 20, 2023

S-8 POS As filed with the Securities and Exchange Commission on November 20, 2023 Registration No.

November 20, 2023 S-8 POS

As filed with the Securities and Exchange Commission on November 20, 2023

S-8 POS As filed with the Securities and Exchange Commission on November 20, 2023 Registration No.

November 20, 2023 S-8 POS

As filed with the Securities and Exchange Commission on November 20, 2023

As filed with the Securities and Exchange Commission on November 20, 2023 Registration No.

November 20, 2023 EX-3.3

Certificate of Merger, as filed with the Delaware Secretary of State on November 17, 2023.

Exhibit 3.3 STATE OF DELAWARE CERTIFICATE OF MERGER OF DOMESTIC CORPORATIONS Pursuant to Title 8, Section 251(c) of the Delaware General Corporation Law, the undersigned corporation executed the following Certificate of Merger: FIRST: The name of the surviving corporation is Acer Therapeutics Inc., a Delaware corporation, and the name of the corporation being merged into this surviving corporation

November 20, 2023 EX-3.2

Amended and Restated Bylaws, effective November 17, 2023 (incorporated by reference to Exhibit 3.2 to the Company’s Current Report on Form 8-K filed on November 20, 2023).

Exhibit 3.2 AMENDED AND RESTATED BYLAWS OF ACER THERAPEUTICS INC. (A DELAWARE CORPORATION) NOVEMBER 17, 2023 ARTICLE I OFFICES Section 1. Registered Office. The registered office shall be established and maintained at the office of The Corporation Trust Company, in the City of Wilmington, in the County of New Castle, in the State of Delaware, and said corporation, or other such person or entity as

November 20, 2023 S-8 POS

As filed with the Securities and Exchange Commission on November 20, 2023

S-8 POS As filed with the Securities and Exchange Commission on November 20, 2023 Registration No.

November 20, 2023 8-K

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): November 17, 2023 ACER THERAPEUTI

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): November 17, 2023 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commissio

November 20, 2023 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark One) ☑ QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the Quarterly Period Ended September 30, 2023 or ☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the Transition Period from to Commission File Number: 001-33004 Acer

November 20, 2023 S-8 POS

As filed with the Securities and Exchange Commission on November 20, 2023

S-8 POS As filed with the Securities and Exchange Commission on November 20, 2023 Registration No.

November 20, 2023 S-8 POS

As filed with the Securities and Exchange Commission on November 20, 2023

As filed with the Securities and Exchange Commission on November 20, 2023 Registration No.

November 20, 2023 S-8 POS

As filed with the Securities and Exchange Commission on November 20, 2023

S-8 POS As filed with the Securities and Exchange Commission on November 20, 2023 Registration No.

November 20, 2023 EX-3.1

Amended and Restated Certificate of Incorporation, as filed with the Delaware Secretary of State on November 17, 2023 (incorporated by reference to Exhibit 3.1 to the Company’s Current Report on Form 8-K filed on November 20, 2023).

Exhibit 3.1 AMENDED AND RESTATED CERTIFICATE OF INCORPORATION OF ACER THERAPEUTICS INC. 1. The present name of the corporation is Acer Therapeutics Inc. (the “Corporation”). The name under which the Corporation was originally incorporated is Acer Reincorporation, Inc. 2. The registered office of the Corporation is to be located at 1209 Orange Street, Wilmington, County of New Castle, Delaware 1980

November 20, 2023 S-8 POS

As filed with the Securities and Exchange Commission on November 20, 2023

As filed with the Securities and Exchange Commission on November 20, 2023 Registration No.

November 20, 2023 S-8 POS

As filed with the Securities and Exchange Commission on November 20, 2023

S-8 POS As filed with the Securities and Exchange Commission on November 20, 2023 Registration No.

November 20, 2023 S-8 POS

As filed with the Securities and Exchange Commission on November 20, 2023

S-8 POS As filed with the Securities and Exchange Commission on November 20, 2023 Registration No.

November 20, 2023 S-8 POS

As filed with the Securities and Exchange Commission on November 20, 2023

S-8 POS As filed with the Securities and Exchange Commission on November 20, 2023 Registration No.

November 14, 2023 NT 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, DC 20549 FORM 12b-25 NOTIFICATION OF LATE FILING (Check one): ☐ Form 10-K ☐ Form 20-F ☐ Form 11-K ☒ Form 10-Q ☐ Form 10-D ☐ Form N-CEN ☐ Form N-CSR For Period Ended: September 30, 2023 ☐ Tr

NT 10-Q UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, DC 20549 FORM 12b-25 NOTIFICATION OF LATE FILING (Check one): ☐ Form 10-K ☐ Form 20-F ☐ Form 11-K ☒ Form 10-Q ☐ Form 10-D ☐ Form N-CEN ☐ Form N-CSR For Period Ended: September 30, 2023 ☐ Transition Report on Form 10-K ☐ Transition Report on Form 20-F ☐ Transition Report on Form 11-K ☐ Transition Report on Form 10-Q For the Transition Period Ended: Nothing in this form shall be construed to imply that the Commission has verified any information contained herein.

November 8, 2023 8-K

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): November 8, 2023 ACER THERAPEUTIC

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): November 8, 2023 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commission

November 8, 2023 425

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): November 8, 2023 ACER THERAPEUTIC

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): November 8, 2023 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commission

November 2, 2023 EX-10.1

First Amendment to the Bridge Loan Agreement dated as of October 31, 2023 by and between Zevra Therapeutics, Inc. and Acer Therapeutics Inc.

EX-10.1 Exhibit 10.1 FIRST AMENDMENT TO BRIDGE LOAN AGREEMENT This First Amendment to Bridge Loan Agreement (this “Amendment”), dated as of October 31, 2023, is by and between ACER THERAPEUTICS INC., a Delaware corporation (the “Borrower”), and ZEVRA THERAPEUTICS, INC., a Delaware corporation (the “Lender”). RECITALS A. The Borrower and the Lender have entered into that certain Bridge Loan Agreeme

November 2, 2023 8-K

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): October 31, 2023 ACER THERAPEUTIC

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): October 31, 2023 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commission

November 2, 2023 425

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): October 31, 2023 ACER THERAPEUTIC

425 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): October 31, 2023 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commis

November 2, 2023 DEFA14A

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14A Schedule 14A Information Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 (Amendment No. )

DEFA14A UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14A Schedule 14A Information Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 (Amendment No. ) Filed by the Registrant ☒ Filed by a Party other than the Registrant ☐ Check the appropriate box: ☐ Preliminary Proxy Statement ☐ Confidential, for Use of the Commission Only (as permi

November 2, 2023 EX-99.1

Leading Independent Proxy Advisory Firms ISS and Glass Lewis Recommend Acer Therapeutics Shareholders Vote “FOR” the Proposed Merger and Related Proposals Acer Shareholders – Please Vote Today!

EX-99.1 Exhibit 99.1 Leading Independent Proxy Advisory Firms ISS and Glass Lewis Recommend Acer Therapeutics Shareholders Vote “FOR” the Proposed Merger and Related Proposals Acer Shareholders – Please Vote Today! NEWTON, MA – November 2, 2023 – Acer Therapeutics Inc. (Nasdaq: ACER), a pharmaceutical company focused on the acquisition, development and commercialization of therapies for serious, r

October 30, 2023 DEFA14A

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14A Schedule 14A Information Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 (Amendment No. )

DEFA14A UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14A Schedule 14A Information Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 (Amendment No. ) Filed by the Registrant ☒ Filed by a Party other than the Registrant ☐ Check the appropriate box: ☐ Preliminary Proxy Statement ☐ Confidential, for Use of the Commission Only (as permi

October 10, 2023 DEFM14A

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934

Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 Filed by the Registrant ☒ Filed by a Party other than the Registrant ☐ Check the appropriate box: ☐ Preliminary Proxy Statement ☐ Confidential, for Use of the Commission Only (as permitted by Rule 14a-6(e)(2)) ☒ Defi

August 31, 2023 EX-10.1

Bridge Loan Agreement dated as of August 30, 2023, by and between the Company and Zevra Therapeutics, Inc.(incorporated by reference to Exhibit 10.1 to the Company’s Current Report on Form 8-K filed on August 31, 2023).

EX-10.1 Exhibit 10.1 BRIDGE LOAN AGREEMENT THIS AGREEMENT is dated effective August 30, 2023. AMONG: ACER THERAPEUTICS INC., a Delaware corporation One Gateway Center, Suite 356 Newton, MA 02458 Attention: Don Joseph, CLO Email: (the “Borrower”) AND: ZEVRA THERAPEUTICS, INC., a Delaware corporation 1180 Celebration Blvd., Suite 103 Celebration, FL 34747 Attention: LaDuane Clifton, Secretary Email:

August 31, 2023 EX-99.1

VOTING AND SUPPORT AGREEMENT

EX-99.1 Exhibit 99.1 VOTING AND SUPPORT AGREEMENT This VOTING AND SUPPORT AGREEMENT (this “Agreement”) is made and entered into as of August 30, 2023, by and among Zevra Therapeutics, Inc., a Delaware corporation (“Parent”), Aspen Z Merger Sub, Inc., a Delaware corporation and an indirect wholly-owned subsidiary of Parent (“Merger Sub”) and the stockholders of the Acer Therapeutics Inc., a Delawar

August 31, 2023 EX-10.4

Amendment No. 1 to Unsecured Promissory Note dated as of August 30, 2023 by and between Acer Therapeutics Inc. and Christopher Schelling.

EX-10.4 Exhibit 10.4 AMENDMENT NO. 1 TO UNSECURED PROMISSORY NOTE This AMENDMENT NO. 1 TO UNSECURED PROMISSORY NOTE (the “Amendment”) dated as of August 30, 2023 is by and between ACER THERAPEUTICS INC. (“Acer” or the “Company”) and CHRISTOPHER SCHELLING (“Holder”). WHEREAS, on or about June 22, 2023, Acer executed and delivered to Holder that certain Unsecured Promissory Note, issue date June 22,

August 31, 2023 EX-10.5

Termination Agreement dated as of August 28, 2023 by and between Acer Therapeutics Inc. and Relief Therapeutics Holding AB.

EX-10.5 Exhibit 10.5 Execution Copy TERMINATION AGREEMENT THIS TERMINATION AGREEMENT (the “Termination Agreement”) is entered into on August 28, 2023 (the “Signing Date”) between ACER THERAPEUTICS INC., a Delaware corporation, with its principal place of business at 300 Washington Street, Suite 356, Newton, MA, USA 02458 (“Acer”), and RELIEF THERAPEUTICS HOLDING SA, a company organized and existin

August 31, 2023 425

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): August 28, 2023 ACER THERAPEUTICS

425 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): August 28, 2023 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commiss

August 31, 2023 8-K

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): August 28, 2023 ACER THERAPEUTICS

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): August 28, 2023 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commission

August 31, 2023 EX-10.3

Exclusive License Agreement dated as of August 28, 2023 by and between Acer Therapeutics Inc. and Relief Therapeutics Holding AB.

EX-10.3 Exhibit 10.3 Execution Copy EXCLUSIVE LICENSE AGREEMENT THIS EXCLUSIVE LICENSE AGREEMENT (the “Agreement”) is entered into on August 28, 2023 (the “Signing Date”) between ACER THERAPEUTICS INC., a Delaware corporation, with its principal place of business at 300 Washington Street, Suite 356, Newton, MA, 02458 USA (“Acer”), and RELIEF THERAPEUTICS HOLDING SA, a company organized and existin

August 31, 2023 EX-99.3

Acer Therapeutics Reacquires Worldwide Development, Commercialization and Economic Rights to OLPRUVA™ from Relief Therapeutics, Excluding the Geographical Europe

EX-99.3 Exhibit 99.3 Acer Therapeutics Reacquires Worldwide Development, Commercialization and Economic Rights to OLPRUVA™ from Relief Therapeutics, Excluding the Geographical Europe NEWTON, MA – August 30, 2023 – Acer Therapeutics Inc. (Nasdaq: ACER), a pharmaceutical company focused on the acquisition, development and commercialization of therapies for serious, rare and life-threatening diseases

August 31, 2023 EX-99.2

LOCK-UP AGREEMENT

EX-99.2 Exhibit 99.2 LOCK-UP AGREEMENT THIS LOCK-UP AGREEMENT (this “Agreement”) is made and entered into as of August 30, 2023 by and between (i) Zevra Therapeutics, Inc., a Delaware corporation (the “Parent”) and (ii) the undersigned (“Holder”). Any capitalized term used but not defined in this Agreement will have the meaning ascribed to such term in the Merger Agreement (defined below). RECITAL

August 31, 2023 EX-2.1

Agreement and Plan of Merger dated as of August 30, 2023 by and among the Company, Zevra Therapeutics, Inc., and Aspen Z Merger Sub, Inc. (incorporated by reference to Exhibit 2.1 to the Company’s Current Report on Form 8-K filed on August 31, 2023).

EX-2.1 Exhibit 2.1 EXECUTION VERSION AGREEMENT AND PLAN OF MERGER among ZEVRA THERAPEUTICS, INC. ASPEN Z MERGER SUB, INC., and ACER THERAPEUTICS INC. Dated as of August 30, 2023 TABLE OF CONTENTS ARTICLE I THE MERGER 2 SECTION 1.1 The Merger 2 SECTION 1.2 Closing 2 SECTION 1.3 Effective Time 2 SECTION 1.4 Effects of the Merger 3 SECTION 1.5 Certificate of Incorporation; Bylaws 3 SECTION 1.6 Direct

August 31, 2023 EX-10.2

Security Agreement dated as of August 30, 2023 by and between the Company and Zevra Therapeutics, Inc. (incorporated by reference to Exhibit 10.2 to the Company’s Current Report on Form 8-K filed on August 31, 2023).

EX-10.2 Exhibit 10.2 SECURITY AGREEMENT This Security Agreement, dated as of August 30, 2023 (as amended, supplemented or otherwise modified from time to time in accordance with the provisions hereof, this “Agreement”), made by and between ACER THERAPEUTICS INC., a Delaware corporation (“Grantor”), and ZEVRA THERAPEUTICS, INC., a Delaware corporation (“Secured Party”). A. On the date hereof, Secur

August 31, 2023 EX-99.4

Zevra Therapeutics to Acquire Acer Therapeutics, Expanding its Rare Disease Portfolio and Adding Commercial Product Proposed acquisition of Acer for $15M in Zevra stock plus Contingent Value Rights (CVRs) and Zevra’s assumption of Acer’s debt in capi

EX-99.4 Exhibit 99.4 Zevra Therapeutics to Acquire Acer Therapeutics, Expanding its Rare Disease Portfolio and Adding Commercial Product Proposed acquisition of Acer for $15M in Zevra stock plus Contingent Value Rights (CVRs) and Zevra’s assumption of Acer’s debt in capital efficient structure Zevra to assume commercialization efforts of OLPRUVATM, recently approved for the treatment of urea cycle

August 14, 2023 EX-99.1

Acer Therapeutics Reports Second Quarter 2023 Financial Results and Provides Corporate Update OLPRUVA™ (sodium phenylbutyrate) kits now available in all dosage strengths and ready to ship to patients

Exhibit 99.1 Acer Therapeutics Reports Second Quarter 2023 Financial Results and Provides Corporate Update OLPRUVA™ (sodium phenylbutyrate) kits now available in all dosage strengths and ready to ship to patients NEWTON, MA – August 14, 2023 – Acer Therapeutics Inc. (Nasdaq: ACER), a pharmaceutical company focused on the acquisition, development and commercialization of therapies for serious, rare

August 14, 2023 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark One) ☑ QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the Quarterly Period Ended June 30, 2023 or ☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the Transition Period from to Commission File Number: 001-33004 Acer Thera

August 14, 2023 8-K

Financial Statements and Exhibits, Results of Operations and Financial Condition

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): August 14, 2023 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commission

August 14, 2023 EX-10.2

Warrant issued on June 16, 2023, by the Company to SWK Funding LLC.

Exhibit 10.2 EXECUTION VERSION THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES OR BLUE SKY LAWS OF ANY STATE AND MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED, PLEDGED OR HYPOTHECATED UNLESS AND UNTIL REGISTERED UNDER THE ACT AND APPLICABLE STATE SECURITIES LAW OR, IN THE OPINION OF LEGAL COUNSE

June 26, 2023 8-K

Regulation FD Disclosure, Entry into a Material Definitive Agreement, Financial Statements and Exhibits, Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant, Other Events

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): June 22, 2023 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commission Fi

June 26, 2023 EX-99.1

Provide transformative treatments with a human touch to underserved or overlooked patients with rare and life-threatening diseases Identify and develop treatments where science can be applied in new ways for use in diseases with high unmet need Devel

Corporate Presentation June 26, 2023 Exhibit 99.1 Forward-looking statements This presentation contains “forward-looking statements” that involve substantial risks and uncertainties for purposes of the safe harbor provided by the Private Securities Litigation Reform Act of 1995. All statements, other than statements of historical facts, included in this press release are forward-looking statements

June 26, 2023 EX-99.2

Acer Therapeutics Receives $1 Million Capital Infusion from Chief Executive Officer and Founder Promissory note extends cash runway into early Q3 2023 OLPRUVA™ expected to be available by prescription in the U.S. beginning July 5th

Exhibit 99.2 Acer Therapeutics Receives $1 Million Capital Infusion from Chief Executive Officer and Founder Promissory note extends cash runway into early Q3 2023 OLPRUVA™ expected to be available by prescription in the U.S. beginning July 5th NEWTON, MA – June 26, 2023 – Acer Therapeutics Inc. (Nasdaq: ACER), a pharmaceutical company focused on the acquisition, development and commercialization

June 26, 2023 EX-10.1

Unsecured Promissory Note, dated as of June 22, 2023, between Acer Therapeutics Inc. and Christopher Schelling.

Exhibit 10.1 UNSECURED PROMISSORY NOTE US $1,000,000 Issue Date: June 22, 2023 Due Date: August 21, 2023 FOR VALUE RECEIVED, Acer Therapeutics Inc. ("Acer" or the “Company”), hereby unconditionally promises to pay to the order of Christopher Schelling (“Holder”), or his permitted assigns, the aggregate principal sum of One Million Dollars ($1,000,000), together with interest on the unpaid principa

June 7, 2023 8-K

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): June 5, 2023 ACER THERAPEUTICS IN

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): June 5, 2023 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commission Fil

May 22, 2023 8-K

Submission of Matters to a Vote of Security Holders

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): May 19, 2023 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commission Fil

May 15, 2023 EX-99.1

Acer Therapeutics Reports Q1 2023 Financial Results and Provides Corporate Update U.S. OLPRUVA™ launch progressing ahead of schedule with drug-in-channel now anticipated in mid-June 2023

Exhibit 99.1 Acer Therapeutics Reports Q1 2023 Financial Results and Provides Corporate Update U.S. OLPRUVA™ launch progressing ahead of schedule with drug-in-channel now anticipated in mid-June 2023 NEWTON, MA – May 15, 2023 – Acer Therapeutics Inc. (Nasdaq: ACER), a pharmaceutical company focused on the acquisition, development and commercialization of therapies for serious, rare and life-threat

May 15, 2023 EX-10.7

Third Amendment to Credit Agreement dated May 12, 2023, among Acer Therapeutics Inc., the lenders party thereto and SWK Funding LLC, as the agent, sole lead arranger and sole bookrunner.

Exhibit 10.7 THIRD AMENDMENT TO CREDIT AGREEMENT THIS THIRD AMENDMENT TO CREDIT AGREEMENT (this “Amendment”), dated as of May 12, 2023, is entered into by and among ACER THERAPEUTICS INC., a Delaware corporation (“Borrower”), each of the undersigned financial institutions (individually each a “Lender” and collectively “Lenders”) and SWK FUNDING LLC, a Delaware limited liability company, in its cap

May 15, 2023 8-K

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): May 15, 2023 ACER THERAPEUTICS IN

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): May 15, 2023 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commission Fil

May 15, 2023 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark One) ☑ QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the Quarterly Period Ended March 31, 2023 or ☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the Transition Period from to Commission File Number: 001-33004 Acer Ther

May 4, 2023 8-K

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): May 3, 2023 ACER THERAPEUTICS INC

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): May 3, 2023 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commission File

May 1, 2023 EX-99

Acer Therapeutics Announces OLPRUVA™ Commercial Launch Progressing Ahead of Schedule Availability: OLPRUVA™ drug in channel now anticipated in mid-June 2023 Awareness: 70% of metabolic treatment providers surveyed by Acer at SIMD Annual Meeting indic

Exhibit 99.1 Acer Therapeutics Announces OLPRUVA™ Commercial Launch Progressing Ahead of Schedule Availability: OLPRUVA™ drug in channel now anticipated in mid-June 2023 Awareness: 70% of metabolic treatment providers surveyed by Acer at SIMD Annual Meeting indicated an interest in treating at least one of their patients with OLPRUVA™ in 2023 Reimbursement: Acer engaged in discussions with payers

May 1, 2023 8-K

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): May 1, 2023 ACER THERAPEUTICS INC

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): May 1, 2023 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commission File

April 27, 2023 8-K

Financial Statements and Exhibits, Other Events

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): April 27, 2023 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commission F

April 27, 2023 424B2

$4,100,000 Acer Therapeutics Inc. Common Stock

424B2 Table of Contents Filed Pursuant to 424(b)(2) Registration No. 333-261342 PROSPECTUS SUPPLEMENT (To Prospectus dated December 7, 2021) $4,100,000 Acer Therapeutics Inc. Common Stock This prospectus supplement and the accompanying prospectus covers the offer and sale of an additional $4,100,000 of shares of our common stock that may be offered and sold as of the date of this prospectus supple

April 14, 2023 DEF 14A

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934

DEF 14A UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 Filed by the Registrant ☒ Filed by a Party other than the Registrant ☐ Check the appropriate box: ☐ Preliminary Proxy Statement ☐ Confidential, for Use of the Commission Only (as permitted by Rule 14a-6(e)(2)) ☒ Definitive Pro

March 30, 2023 SC 13D/A

ACER / Acer Therapeutics Inc / TVM Life Science Ventures VI LP - SC 13D/A Activist Investment

SC 13D/A UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13D/A Under the Securities Exchange Act of 1934 (Amendment No. 2)* Acer Therapeutics Inc. (Name of Issuer) Common Stock, $0.0001 par value per share (Title of Class of Securities) 0444P108 (CUSIP Number) Stefan Fischer TVM Capital Ottostrasse 4 80333 Munich, Germany (49) 89998992-48 (Name, Address and Telepho

March 27, 2023 10-K

Form 10-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 10-K ☒ ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(D) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended December 31, 2022 ☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(D) OF THE SECURITIES EXCHANGE ACT OF 1934 Commission File Number: 001-33004 ACER THERAPEUTICS INC. (Exact Name of Registrant as Specified

March 27, 2023 EX-FILING FEES

Filing Fee Table.

Exhibit 107 Calculation of Filing Fee Tables S-8 (Form Type) Acer Therapeutics Inc.

March 27, 2023 EX-99

Acer Therapeutics Reports Q4 and Full Year 2022 Financial Results and Provides Corporate Update

Exhibit 99.1 Acer Therapeutics Reports Q4 and Full Year 2022 Financial Results and Provides Corporate Update NEWTON, MA – March 27, 2023 – Acer Therapeutics Inc. (Nasdaq: ACER), a pharmaceutical company focused on the acquisition, development and commercialization of therapies for serious, rare and life-threatening diseases with significant unmet medical needs, today reported financial results for

March 27, 2023 S-8

Power of Attorney (contained on signature page hereto).

S-8 As filed with the Securities and Exchange Commission on March 27, 2023 Registration No.

March 27, 2023 EX-99

To provide transformative treatments with a human touch to underserved or overlooked patients with rare and life-threatening diseases We identify and develop treatments where science can be applied in new ways for use in diseases with high unmet need

Corporate Presentation March 27, 2023 Exhibit 99.2 Forward-looking statements This presentation contains “forward-looking statements” that involve substantial risks and uncertainties for purposes of the safe harbor provided by the Private Securities Litigation Reform Act of 1995. All statements, other than statements of historical facts, included in this press release are forward-looking statement

March 27, 2023 8-K

Regulation FD Disclosure, Financial Statements and Exhibits, Results of Operations and Financial Condition

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): March 27, 2023 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commission F

March 23, 2023 424B5

Acer Therapeutics Inc. 2,335,000 Shares of Common Stock Pre-Funded Warrants to Purchase up to 585,306 Shares of Common Stock and 585,306 Shares of Common Stock Underlying the Pre-Funded Warrants

424B5 Table of Contents Filed pursuant to Rule 424(b)(5) Registration Statement No.

March 22, 2023 EX-4.2

Form of Common Stock Purchase Warrant.

EX-4.2 Exhibit 4.2 NEITHER THIS SECURITY NOR THE SECURITIES FOR WHICH THIS SECURITY IS EXERCISABLE HAVE BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION OR THE SECURITIES COMMISSION OF ANY STATE IN RELIANCE UPON AN EXEMPTION FROM REGISTRATION UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), AND, ACCORDINGLY, MAY NOT BE OFFERED OR SOLD EXCEPT PURSUANT TO AN EFFECTIVE

March 22, 2023 EX-10.1

Form of Securities Purchase Agreement, dated as of March 21, 2023, between Acer Therapeutics Inc. and the Purchaser.

EX-10.1 Exhibit 10.1 SECURITIES PURCHASE AGREEMENT This Securities Purchase Agreement (this “Agreement”) is dated as of March 21, 2023, between Acer Therapeutics Inc., a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”). WHEREAS, subject to the terms and con

March 22, 2023 8-K

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): March 21, 2023 ACER THERAPEUTICS

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): March 21, 2023 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commission F

March 22, 2023 EX-4.1

Form of Pre-Funded Common Stock Purchase Warrant.

EX-4.1 Exhibit 4.1 PRE-FUNDED COMMON STOCK PURCHASE WARRANT ACER THERAPEUTICS INC. Warrant Shares: [] Issue Date:, 2023 Initial Exercise Date: , 2023 THIS PRE-FUNDED COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any ti

March 22, 2023 424B5

Acer Therapeutics Inc.

424B5 1 d480258d424b5.htm 424B5 Filed pursuant to Rule 424(b)(5) Registration Statement No. 333-261342 PROSPECTUS SUPPLEMENT (To Prospectus dated December 7, 2021) Acer Therapeutics Inc. We previously entered into an amended and restated sales agreement, or Sales Agreement, dated March 18, 2020, with JonesTrading Institutional Services LLC and Roth Capital Partners, LLC, or together, the Agents, r

March 22, 2023 EX-99.1

Acer Therapeutics Announces $2.675 Million Registered Direct Offering Priced At-the-Market Under Nasdaq Rules

EX-99.1 Exhibit 99.1 Acer Therapeutics Announces $2.675 Million Registered Direct Offering Priced At-the-Market Under Nasdaq Rules NEWTON, MA – March 22, 2023 – Acer Therapeutics Inc. (Nasdaq: ACER), a pharmaceutical company focused on the acquisition, development and commercialization of therapies for serious, rare and life-threatening diseases with significant unmet medical needs, today announce

March 17, 2023 EX-99.1

Acer Therapeutics Announces Topline Results from ACER-801 (Osanetant) Phase 2a Trial ACER-801 safe and well-tolerated but did not achieve statistically significant decrease in frequency or severity of hot flashes in postmenopausal women

Exhibit 99.1 Acer Therapeutics Announces Topline Results from ACER-801 (Osanetant) Phase 2a Trial ACER-801 safe and well-tolerated but did not achieve statistically significant decrease in frequency or severity of hot flashes in postmenopausal women NEWTON, MA – March 17, 2023 – Acer Therapeutics Inc. (Nasdaq: ACER), a pharmaceutical company focused on the acquisition, development and commercializ

March 17, 2023 8-K

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): March 17, 2023 ACER THERAPEUTICS

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): March 17, 2023 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commission F

March 15, 2023 EX-99.1

Acer Therapeutics Announces Presentation of HCP Urea Cycle Disorder Treatment Preference Data at the Society for Inherited Metabolic Disorders Annual Meeting and Provides OLPRUVA™ Program Update Results to be presented from a survey designed to quant

Exhibit 99.1 Acer Therapeutics Announces Presentation of HCP Urea Cycle Disorder Treatment Preference Data at the Society for Inherited Metabolic Disorders Annual Meeting and Provides OLPRUVA™ Program Update Results to be presented from a survey designed to quantify treatment preferences of healthcare providers for Urea Cycle Disorders (UCDs) OLPRUVA™ preliminary launch activities progressing; bui

March 15, 2023 8-K

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): March 15, 2023 ACER THERAPEUTICS

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): March 15, 2023 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commission F

February 14, 2023 SC 13G/A

ACER / Acer Therapeutics Inc / Nantahala Capital Management, LLC - SC 13G/A Passive Investment

SC 13G/A 1 tm236168d17sc13ga.htm SC 13G/A UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13G Under the Securities Exchange Act of 1934 (Amendment No. 4)* Acer Therapeutics Inc. (Name of Issuer) Common Stock, $0.0001 par value per share (Title of Class of Securities) 00444P108 (CUSIP Number) December 31, 2022 (Date of Event which Requires Filing of this Statement)

February 13, 2023 8-K

Financial Statements and Exhibits, Other Events

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): February 13, 2023 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commissio

February 13, 2023 EX-99.1

Acer Therapeutics Announces Full Enrollment of Phase 2a Trial of ACER-801 (Osanetant) for Treatment of Moderate to Severe Vasomotor Symptoms Associated with Menopause Topline trial results expected mid-March 2023

Exhibit 99.1 Acer Therapeutics Announces Full Enrollment of Phase 2a Trial of ACER-801 (Osanetant) for Treatment of Moderate to Severe Vasomotor Symptoms Associated with Menopause Topline trial results expected mid-March 2023 NEWTON, MA – February 13, 2023 – Acer Therapeutics Inc. (Nasdaq: ACER), a pharmaceutical company focused on the acquisition, development and commercialization of therapies fo

February 7, 2023 424B2

$11,000,000 Acer Therapeutics Inc. Common Stock

Table of Contents Filed Pursuant to 424(b)(2) Registration No. 333-261342 PROSPECTUS SUPPLEMENT (To Prospectus dated December 7, 2021) $11,000,000 Acer Therapeutics Inc. Common Stock This prospectus supplement and the accompanying prospectus covers the offer and sale of an additional $11,000,000 of shares of our common stock that may be offered and sold as of the date of this prospectus supplement

February 7, 2023 8-K

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): February 7, 2023 ACER THERAPEUTIC

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): February 7, 2023 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commission

February 1, 2023 8-K

Regulation FD Disclosure, Financial Statements and Exhibits

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): February 1, 2023 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commission

February 1, 2023 EX-99.1

Forward-looking statements This presentation contains “forward-looking statements” that involve substantial risks and uncertainties for purposes of the safe harbor provided by the Private Securities Litigation Reform Act of 1995. All statements, othe

Corporate Presentation February 2023 Exhibit 99.1 Forward-looking statements This presentation contains “forward-looking statements” that involve substantial risks and uncertainties for purposes of the safe harbor provided by the Private Securities Litigation Reform Act of 1995. All statements, other than statements of historical facts, included in this presentation regarding strategy, future oper

January 31, 2023 EX-10.7

Amendment Agreement dated January 30, 2023, with respect to Secured Convertible Note Purchase Agreement between Acer Therapeutics Inc., MAM Aardvark, LLC and Marathon Healthcare Finance Fund, L.P.

Exhibit 10.7 Execution Version AMENDMENT AGREEMENT, dated as of January 30, 2023 (this “Agreement”), relating to the Notes referred to below. WHEREAS, Acer Therapeutics Inc., a Delaware corporation (the “Company”), entered into that certain Secured Convertible Note Purchase and Security Agreement (the “NPA”), dated as of March 4, 2022, by and among the Company, MAM Aardvark, LLC (“MAM”), as agent

January 31, 2023 EX-10.9

Termination Agreement dated as of January 30, 2023 among Acer Therapeutics Inc., the Lenders party thereto and MAM Aardvark, LLC, not individually, but solely in its capacity as administrative and collateral agent for the Lenders (incorporated by reference to Exhibit 10.9 to the Company’s Current Report on Form 8-K filed on January 31, 2023).

Exhibit 10.9 Execution Version TERMINATION AGREEMENT, dated as of January 30, 2023 (this “Agreement”), relating to the CREDIT AGREEMENT, dated as of March 4, 2022, as amended by the Extension Agreement dated as of December 30, 2022 (as so amended, the “Credit Agreement”), among ACER THERAPEUTICS INC., a Delaware corporation (the “Borrower”), the LENDERS party thereto (the “Lenders”) and MAM AARDVA

January 31, 2023 EX-10.4

Warrant issued on January 30, 2023, by the Company to SWK Funding LLC pursuant to the Second Amendment to Credit Agreement dated January 30, 2023, among Acer Therapeutics Inc., the lenders party thereto and SWK funding LLC, as the agent, sole lead arranger and sole bookrunner (incorporated by reference to Exhibit 10.4 to the Company’s Current Report on Form 8-K filed on January 31, 2023).

EX-10.4 3 d427052dex104.htm EX-10.4 Exhibit 10.4 EXECUTION VERSION THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES OR BLUE SKY LAWS OF ANY STATE AND MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED, PLEDGED HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”),

January 31, 2023 8-K

Entry into a Material Definitive Agreement, Unregistered Sales of Equity Securities, Financial Statements and Exhibits, Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant, Other Events

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 30, 2023 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commission

January 31, 2023 EX-10.3

Second Amendment to Credit Agreement dated January 30, 2023, among Acer Therapeutics Inc., the lenders party thereto and SWK Funding LLC, as the agent, sole lead arranger and sole bookrunner.

EX-10.3 2 d427052dex103.htm EX-10.3 Exhibit 10.3 SECOND AMENDMENT TO CREDIT AGREEMENT THIS SECOND AMENDMENT TO CREDIT AGREEMENT (this “Amendment”), dated as of January 30, 2023, is entered into by and among ACER THERAPEUTICS INC., a Delaware corporation (“Borrower”), each of the undersigned financial institutions (individually each a “Lender” and collectively “Lenders”) and SWK FUNDING LLC, a Dela

January 9, 2023 EX-99.1

Acer Therapeutics Highlights Key 2022 Achievements and Pipeline Advancements, and Provides Anticipated 2023 Milestones

EX-99.1 2 acer-ex99115.htm EX-99.1 Exhibit 99.1 Acer Therapeutics Highlights Key 2022 Achievements and Pipeline Advancements, and Provides Anticipated 2023 Milestones NEWTON, MA – January 09, 2023 – Acer Therapeutics Inc. (Nasdaq: ACER), a pharmaceutical company focused on the acquisition, development and commercialization of therapies for serious, rare and life-threatening diseases with significa

January 9, 2023 8-K

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 9, 2023 ACER THERAPEUTICS

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 9, 2023 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commission

January 5, 2023 8-K

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 5, 2023 ACER THERAPEUTICS

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 5, 2023 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commission

January 5, 2023 EX-99.2

Acer Therapeutics Announces Initiation of Two Investigator-Sponsored Trials of ACER-801 (Osanetant) in Men with Adenocarcinoma of the Prostate POSH-MAP and PORT-MAP investigator-sponsored trials to evaluate ability of ACER-801 (osanetant) to reduce h

acer-ex99216.htm Exhibit 99.2 Acer Therapeutics Announces Initiation of Two Investigator-Sponsored Trials of ACER-801 (Osanetant) in Men with Adenocarcinoma of the Prostate POSH-MAP and PORT-MAP investigator-sponsored trials to evaluate ability of ACER-801 (osanetant) to reduce hot flashes and as neoadjuvant therapy in men with prostate cancer NEWTON, MA – Jan. 5, 2023 –Acer Therapeutics Inc. (Nas

January 5, 2023 EX-99.1

Forward-looking statements This presentation contains “forward-looking statements” that involve substantial risks and uncertainties for purposes of the safe harbor provided by the Private Securities Litigation Reform Act of 1995. All statements, othe

EX-99.1 2 acer-ex99115.htm EX-99.1 Corporate Presentation January 2023 Exhibit 99.1 Forward-looking statements This presentation contains “forward-looking statements” that involve substantial risks and uncertainties for purposes of the safe harbor provided by the Private Securities Litigation Reform Act of 1995. All statements, other than statements of historical facts, included in this presentati

January 3, 2023 EX-99.1

Forward-looking statements This presentation contains “forward-looking statements” that involve substantial risks and uncertainties for purposes of the safe harbor provided by the Private Securities Litigation Reform Act of 1995. All statements, othe

Corporate Presentation January 2023 Exhibit 99.1 Forward-looking statements This presentation contains ?forward-looking statements? that involve substantial risks and uncertainties for purposes of the safe harbor provided by the Private Securities Litigation Reform Act of 1995. All statements, other than statements of historical facts, included in this presentation regarding strategy, future opera

January 3, 2023 8-K

Regulation FD Disclosure, Entry into a Material Definitive Agreement, Financial Statements and Exhibits

acer-8k20221230.htm 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): December 30, 2022 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incor

January 3, 2023 EX-10.1

Extension Agreement, dated as of December 30, 2022, among Acer Therapeutics Inc., MAM Aardvark, LLC as administrative and collateral agent for the lenders, and the lenders party (incorporated by reference to Exhibit 10.1 to the Company Current Report on Form 8-K filed January 3, 2023).

EX-10.1 2 acer-ex10115.htm EX-10.1 Exhibit 10.1 EXTENSION AGREEMENT This Extension Agreement (this “Extension Agreement”) dated as of December 30, 2022, is among Acer Therapeutics Inc., a Delaware corporation (“Borrower”), MAM Aardvark, LLC, not individually, but solely in its capacity as administrative and collateral agent for the Lenders (the “Agent”) and the Lenders party hereto. WHEREAS, the B

December 29, 2022 8-K

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): December 29, 2022 ACER THERAPEUTI

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): December 29, 2022 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commissio

December 29, 2022 EX-99.1

Acer Therapeutics Compliant with All Nasdaq Listing Criteria

acer-ex99122.htm Exhibit 99.1 Acer Therapeutics Compliant with All Nasdaq Listing Criteria NEWTON, MA ? Dec. 29, 2022 ? Acer Therapeutics Inc. (Nasdaq: ACER), a pharmaceutical company focused on the acquisition, development and commercialization of therapies for serious rare and life-threatening diseases with significant unmet medical needs, today announced that The Nasdaq Stock Market LLC has for

December 27, 2022 8-K

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): December 27, 2022 ACER THERAPEUTI

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): December 27, 2022 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commissio

December 27, 2022 EX-99.1

Acer Therapeutics and Relief Therapeutics Announce U.S. FDA Approval of OLPRUVA™ for Patients with Urea Cycle Disorders New FDA-approved formulation for patients living with urea cycle disorders $42.5 million of non-dilutive debt funding available to

acer-ex9916.htm Exhibit 99.1 Acer Therapeutics and Relief Therapeutics Announce U.S. FDA Approval of OLPRUVA? for Patients with Urea Cycle Disorders New FDA-approved formulation for patients living with urea cycle disorders $42.5 million of non-dilutive debt funding available to Acer that, if drawn, would extend cash runway into H2 2023 NEWTON, MASS. and GENEVA ? Dec. 27, 2022 ? Acer Therapeutics

December 8, 2022 8-K

Other Events

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): December 8, 2022 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commission

December 2, 2022 SC 13D/A

ACER / Acer Therapeutics Inc / Schelling Chris - SC 13D/A Activist Investment

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13D Under the Securities Exchange Act of 1934 (Amendment No. 2)* Acer Therapeutics Inc. (Name of Issuer) Common Stock, $0.0001 par value (Title of Class of Securities) 00444P108 (CUSIP Number) Chris Schelling Acer Therapeutics Inc. One Gateway Center, Suite 356 300 Washington Street Newton, MA 02458 (844) 902-6100 Wit

November 30, 2022 EX-10.1

Securities Purchase Agreement, dated November 29, 2022, by and between Acer Therapeutics Inc. and the investors listed on Schedule I (incorporated by reference to Exhibit 10.1 to the Company’s Current Report on Form 8-K filed November 30, 2022).

Exhibit 10.1 SECURITIES PURCHASE AGREEMENT THIS SECURITIES PURCHASE AGREEMENT (this ?Agreement?) is dated as of November 29, 2022 by and between Acer Therapeutics Inc., a Delaware corporation (the ?Company?), and each of the persons or entities listed on Schedule I attached hereto (together hereinafter referred to as the ?Investors? and each individually, an ?Investor?). BACKGROUND A. The Company

November 30, 2022 EX-99.1

Acer Therapeutics Announces $1.5M Private Placement

Exhibit 99.1 Acer Therapeutics Announces $1.5M Private Placement NEWTON, MA ? November 30, 2022 ? Acer Therapeutics Inc. (Nasdaq: ACER), a pharmaceutical company focused on the acquisition, development and commercialization of therapies for serious, rare and life-threatening diseases with significant unmet medical needs, today announced that it has entered into definitive agreements with its CEO a

November 30, 2022 8-K

Entry into a Material Definitive Agreement, Unregistered Sales of Equity Securities, Financial Statements and Exhibits

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): November 29, 2022 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commissio

November 29, 2022 8-K

Current Report

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): November 29, 2022 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commissio

November 14, 2022 EX-99.1

Acer Therapeutics Reports Q3 2022 Financial Results and Provides Corporate Update

Exhibit 99.1 Acer Therapeutics Reports Q3 2022 Financial Results and Provides Corporate Update NEWTON, MA ? November 14, 2022 ? Acer Therapeutics Inc. (Nasdaq: ACER), a pharmaceutical company focused on the acquisition, development and commercialization of therapies for serious, rare and life-threatening diseases with significant unmet medical needs, today reported financial results for the third

November 14, 2022 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark One) ☑ QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the Quarterly Period Ended September 30, 2022 or ☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the Transition Period from to Commission File Number: 001-33004 Acer

November 14, 2022 8-K

Non-Reliance on Previously Issued Financial Statements or a Related Audit Report or Completed Interim Review, Results of Operations and Financial Condition

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): November 10, 2022 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commissio

November 14, 2022 10-Q/A

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q/A Amendment No. 1

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q/A Amendment No. 1 (Mark One) ☑ QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the Quarterly Period Ended June 30, 2022 or ☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the Transition Period from to Commission File Number: 00

November 14, 2022 8-K

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): November 14, 2022 ACER THERAPEUTI

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): November 14, 2022 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commissio

October 26, 2022 8-K

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): October 26, 2022 ACER THERAPEUTIC

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): October 26, 2022 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commission

October 26, 2022 EX-99.1

Acer Therapeutics Receives Notice of Allowance of Key US Patent Application Covering EDSIVO™ (celiprolol) Notice of allowance of celiprolol method of treatment of vEDS patent application strengthens proprietary position in U.S. until 2038

Exhibit 99.1 Acer Therapeutics Receives Notice of Allowance of Key US Patent Application Covering EDSIVO™ (celiprolol) Notice of allowance of celiprolol method of treatment of vEDS patent application strengthens proprietary position in U.S. until 2038 NEWTON, MA – Oct. 26, 2022 – Acer Therapeutics Inc. (Nasdaq: ACER), a clinical stage pharmaceutical company focused on the acquisition, development

October 6, 2022 8-K

Financial Statements and Exhibits, Other Events

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): October 6, 2022 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commission

October 6, 2022 EX-99.1

Acer Therapeutics Announces University of North Carolina Receives Department of Defense Grant to Support the Proposed Investigator Sponsored OASIS Trial of ACER-801 (Osanetant) to Reduce the Frequency and Severity of Post-Traumatic Stress Disorder $3

Exhibit 99.1 Acer Therapeutics Announces University of North Carolina Receives Department of Defense Grant to Support the Proposed Investigator Sponsored OASIS Trial of ACER-801 (Osanetant) to Reduce the Frequency and Severity of Post-Traumatic Stress Disorder $3 million awarded to University of North Carolina (UNC) to support a proposed 180-patient, randomized, placebo-controlled trial in trauma

October 5, 2022 8-K

Financial Statements and Exhibits, Other Events

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): October 5, 2022 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commission

October 5, 2022 EX-99.1

Acer Therapeutics Announces Expansion of ACER-801 (osanetant) Development Indications to Include Post-Traumatic Stress Disorder Licensed exclusive worldwide rights from Emory University to patents and patent applications for certain methods of treati

Exhibit 99.1 Acer Therapeutics Announces Expansion of ACER-801 (osanetant) Development Indications to Include Post-Traumatic Stress Disorder Licensed exclusive worldwide rights from Emory University to patents and patent applications for certain methods of treating or preventing post-traumatic stress disorder (PTSD) with osanetant Osanetant targets a distinct group of brain cells in a region of th

October 3, 2022 8-K

Financial Statements and Exhibits, Other Events

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): October 3 2022 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commission F

October 3, 2022 EX-99.1

Acer Therapeutics and Relief Therapeutics Announce Receipt of Notice of Allowance of US Patent Application Covering a Kit Comprising Phenylbutyrate and Sodium Benzoate Notice of allowance covering these claims further strengthens ACER-001 proprietary

Exhibit 99.1 Acer Therapeutics and Relief Therapeutics Announce Receipt of Notice of Allowance of US Patent Application Covering a Kit Comprising Phenylbutyrate and Sodium Benzoate Notice of allowance covering these claims further strengthens ACER-001 proprietary position in US; patent expected to be issued in Q4 2022 and expire in 2038 NEWTON, MA and GENEVA, SWITZERLAND ? October 3, 2022 ? Acer T

August 23, 2022 EX-99.1

Forward-looking Statements This presentation contains “forward-looking statements” that involve substantial risks and uncertainties for purposes of the safe harbor provided by the Private Securities Litigation Reform Act of 1995. All statements, othe

Developing Therapeutics for the Treatment of Serious Rare and Life-Threatening Diseases with Significant Unmet Medical Needs Corporate Presentation August 23, 2022 Nasdaq: ACER Exhibit 99.

August 23, 2022 8-K

Regulation FD Disclosure, Financial Statements and Exhibits

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): August 23, 2022 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commission

August 23, 2022 8-K

Entry into a Material Definitive Agreement, Unregistered Sales of Equity Securities, Financial Statements and Exhibits, Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant

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): August 19, 2022 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commission

August 23, 2022 EX-10.2

Amendment to Credit Agreement dated August 19, 2022, among Acer Therapeutics Inc., the lenders party thereto and SWK Funding LLC, as the agent, sole lead arranger and sole bookrunner (incorporated by reference to Exhibit 10.2 to the Company’s Current Report on Form 8-K filed on August 23, 2022).

Exhibit 10.2 FIRST AMENDMENT TO CREDIT AGREEMENT THIS FIRST AMENDMENT TO CREDIT AGREEMENT (this ?Amendment?), dated as of August 19, 2022, is entered into by and among ACER THERAPEUTICS INC., a Delaware corporation (?Borrower?), each of the undersigned financial institutions (individually each a ?Lender? and collectively ?Lenders?) and SWK FUNDING LLC, a Delaware limited liability company, in its

August 23, 2022 EX-10.3

Warrant issued on August 19, 2022, by the Company to SWK Funding LLC pursuant to the Amendment to Credit Agreement dated August 19, 2022, among Acer Therapeutics Inc., the lenders party thereto and SWK Funding LLC, as the agent, sole lead arranger and sole bookrunner (incorporated by reference to Exhibit 10.3 to the Company’s Current Report on Form 8-K filed on August 23, 2022).

Exhibit 10.3 THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE ?ACT?), OR THE SECURITIES OR BLUE SKY LAWS OF ANY STATE AND MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED, PLEDGED OR HYPOTHECATED UNLESS AND UNTIL REGISTERED UNDER THE ACT AND APPLICABLE STATE SECURITIES LAW OR, IN THE OPINION OF LEGAL COUNSEL IN FORM AND SUBS

August 15, 2022 8-K

Regulation FD Disclosure, Financial Statements and Exhibits, Results of Operations and Financial Condition

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): August 15, 2022 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commission

August 15, 2022 EX-99.2

Forward-looking Statements This presentation contains “forward-looking statements” that involve substantial risks and uncertainties for purposes of the safe harbor provided by the Private Securities Litigation Reform Act of 1995. All statements, othe

Developing Therapeutics for the Treatment of Serious Rare and Life-Threatening Diseases with Significant Unmet Medical Needs Corporate Presentation August 15, 2022 Nasdaq: ACER Exhibit 99.

August 15, 2022 EX-99.1

Acer Therapeutics Reports Q2 2022 Financial Results and Provides Corporate Update

Exhibit 99.1 Acer Therapeutics Reports Q2 2022 Financial Results and Provides Corporate Update NEWTON, MA ? August 15, 2022 ? Acer Therapeutics Inc. (Nasdaq: ACER), a pharmaceutical company focused on the acquisition, development and commercialization of therapies for serious, rare and life-threatening diseases with significant unmet medical needs, today reported financial results for the second q

August 15, 2022 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark One) ? QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the Quarterly Period Ended June 30, 2022 or ? TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the Transition Period from to Commission File Number: 001-33004 Acer Thera

August 12, 2022 EX-99.1

Relief Therapeutics and Acer Therapeutics Announce that the European Commission Has Granted Orphan Drug Designation for ACER-001 in Maple Syrup Urine Disease Orphan designation provides potential for up to 10-year market exclusivity in the EU upon re

Exhibit 99.1 Relief Therapeutics and Acer Therapeutics Announce that the European Commission Has Granted Orphan Drug Designation for ACER-001 in Maple Syrup Urine Disease Orphan designation provides potential for up to 10-year market exclusivity in the EU upon regulatory approval GENEVA, SWITZERLAND and NEWTON, MA ? August 12, 2022 ? RELIEF THERAPEUTICS Holding SA (SIX: RLF, OTCQB: RLFTF, RLFTY) (

August 12, 2022 8-K

Financial Statements and Exhibits, Other Events

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): August 12, 2022 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commission

July 28, 2022 EX-99.2

Acer Therapeutics and Relief Therapeutics Announce ACER-001 IND Submission for the Treatment of Maple Syrup Urine Disease Phase 2a trial initiation planned for the first half of 2023 subject to IND clearance and available capital

Exhibit 99.2 Acer Therapeutics and Relief Therapeutics Announce ACER-001 IND Submission for the Treatment of Maple Syrup Urine Disease Phase 2a trial initiation planned for the first half of 2023 subject to IND clearance and available capital NEWTON, MA and GENEVA, SWITZERLAND ? July 28, 2022 ? Acer Therapeutics Inc. (Nasdaq: ACER) (Acer) and its collaboration partner, RELIEF THERAPEUTICS Holding

July 28, 2022 8-K

Financial Statements and Exhibits, Other Events

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): July 28, 2022 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commission Fi

July 28, 2022 EX-99.1

Acer Therapeutics and Relief Therapeutics Announce FDA Acceptance for Review of NDA Resubmission for ACER-001 for Treatment of UCDs Prescription Drug User Fee Act (PDUFA) target action date set for January 15, 2023

Exhibit 99.1 Acer Therapeutics and Relief Therapeutics Announce FDA Acceptance for Review of NDA Resubmission for ACER-001 for Treatment of UCDs Prescription Drug User Fee Act (PDUFA) target action date set for January 15, 2023 NEWTON, MA and GENEVA, SWITZERLAND ? July 28, 2022 ? Acer Therapeutics Inc. (Nasdaq: ACER) (Acer) and its collaboration partner, RELIEF THERAPEUTICS Holding SA (SIX: RLF, O

July 18, 2022 EX-99.1

Acer Therapeutics Announces Resubmission of New Drug Application for ACER-001 for Treatment of UCDs Acer has notified the FDA in the resubmission that the third-party contract packaging manufacturer is ready for inspection

Exhibit 99.1 Acer Therapeutics Announces Resubmission of New Drug Application for ACER-001 for Treatment of UCDs Acer has notified the FDA in the resubmission that the third-party contract packaging manufacturer is ready for inspection NEWTON, MA ? July 18, 2022 ? Acer Therapeutics Inc. (Nasdaq: ACER), a pharmaceutical company focused on the acquisition, development and commercialization of therap

July 18, 2022 8-K

Financial Statements and Exhibits, Other Events

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): July 18, 2022 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commission Fi

June 29, 2022 8-K

Regulation FD Disclosure, Financial Statements and Exhibits

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): June 29, 2022 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commission Fi

June 29, 2022 EX-99.1

Forward-looking Statements This presentation contains “forward-looking statements” that involve substantial risks and uncertainties for purposes of the safe harbor provided by the Private Securities Litigation Reform Act of 1995. All statements, othe

Developing Therapeutics for the Treatment of Serious Rare and Life-Threatening Diseases with Significant Unmet Medical Needs Corporate Presentation June 29, 2022 Nasdaq: ACER Exhibit 99.

June 27, 2022 8-K

Financial Statements and Exhibits, Other Events

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): June 27, 2022 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commission Fi

June 27, 2022 EX-99.1

Acer Therapeutics Announces Initiation of its Pivotal Phase 3 DiSCOVER Trial of EDSIVO™ (celiprolol) for the Treatment of Vascular Ehlers-Danlos Syndrome

Exhibit 99.1 Acer Therapeutics Announces Initiation of its Pivotal Phase 3 DiSCOVER Trial of EDSIVO? (celiprolol) for the Treatment of Vascular Ehlers-Danlos Syndrome NEWTON, MA ? June 27, 2022 ? Acer Therapeutics Inc. (Nasdaq: ACER), a clinical stage pharmaceutical company focused on the acquisition, development and commercialization of therapies for serious rare and life-threatening diseases wit

June 21, 2022 8-K

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers, Financial Statements and Exhibits, Other Events

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): June 19, 2022 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commission Fi

June 21, 2022 EX-10.1

Employment Agreement between Acer Therapeutics Inc. and Tanya Hayden dated June 19, 2022 (incorporated by reference to Exhibit 10.1 to the Company’s Current Report on Form 8-K filed June 21, 2022).

EMPLOYMENT AGREEMENT This Employment Agreement (this ?Agreement?) is made and entered into effective as of June 19, 2022, by and between Acer Therapeutics Inc.

June 21, 2022 EX-99.2

Acer Therapeutics and Relief Therapeutics Announce Update on U.S. FDA Review of New Drug Application (NDA) for ACER-001 Citing the need to inspect a third-party contract packaging manufacturer, the U.S. Food and Drug Administration (FDA) has issued a

Exhibit 99.2 Acer Therapeutics and Relief Therapeutics Announce Update on U.S. FDA Review of New Drug Application (NDA) for ACER-001 Citing the need to inspect a third-party contract packaging manufacturer, the U.S. Food and Drug Administration (FDA) has issued a Complete Response Letter (CRL) The FDA has not raised any approvability concerns related to the efficacy, safety or pharmacokinetics of

June 21, 2022 EX-99.1

Acer Therapeutics Announces Promotion of Tanya Hayden to Chief Operating Officer

Exhibit 99.1 Acer Therapeutics Announces Promotion of Tanya Hayden to Chief Operating Officer NEWTON, MA ? June 21, 2022 ? Acer Therapeutics Inc. (Nasdaq: ACER), a pharmaceutical company focused on the acquisition, development and commercialization of therapies for serious rare and life-threatening diseases with significant unmet medical needs, today announced the promotion of Tanya Hayden to Chie

June 7, 2022 EX-99.1

Acer Therapeutics Issues Statement Regarding PDUFA Target Action Date for ACER-001

Exhibit 99.1 Acer Therapeutics Issues Statement Regarding PDUFA Target Action Date for ACER-001 NEWTON, MA ? June 7, 2022 ? Acer Therapeutics Inc. (Nasdaq: ACER), a pharmaceutical company focused on the acquisition, development and commercialization of therapies for serious rare and life-threatening diseases with significant unmet medical needs, today announced that it has not yet received a decis

June 7, 2022 8-K

Financial Statements and Exhibits, Other Events

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): June 7, 2022 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commission Fil

May 31, 2022 8-K

Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing

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): May 31, 2022 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commission Fil

May 23, 2022 8-K

Submission of Matters to a Vote of Security Holders

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): May 20, 2022 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commission Fil

May 17, 2022 424B2

$6,400,000 Common Stock

424B2 1 d355764d424b2.htm 424B2 Table of Contents Filed Pursuant to 424(b)(2) Registration No. 333-261342 PROSPECTUS SUPPLEMENT (To Prospectus dated December 7, 2021) $6,400,000 Common Stock This prospectus supplement and the accompanying prospectus covers the offer and sale of an additional $6,400,000 of shares of our common stock that may be offered and sold as of the date of this prospectus sup

May 17, 2022 8-K

Financial Statements and Exhibits, Other Events

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): May 17, 2022 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commission Fil

May 16, 2022 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark One) ? QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the Quarterly Period Ended March 31, 2022 or ? TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the Transition Period from to Commission File Number: 001-33004 Acer Ther

May 16, 2022 EX-99.2

Forward-looking Statements This presentation contains “forward-looking statements” that involve substantial risks and uncertainties for purposes of the safe harbor provided by the Private Securities Litigation Reform Act of 1995. All statements, othe

Developing Therapeutics for the Treatment of Serious Rare and Life-Threatening Diseases with Significant Unmet Medical Needs Corporate Presentation May 16, 2022 Nasdaq: ACER Exhibit 99.

May 16, 2022 8-K

Regulation FD Disclosure, Financial Statements and Exhibits, Results of Operations and Financial Condition

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): May 16, 2022 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commission Fil

May 16, 2022 EX-99.1

Acer Therapeutics Reports Q1 2022 Financial Results and Provides Corporate Update

Exhibit 99.1 Acer Therapeutics Reports Q1 2022 Financial Results and Provides Corporate Update NEWTON, MA ? May 16, 2022 ? Acer Therapeutics Inc. (Nasdaq: ACER), a pharmaceutical company focused on the acquisition, development and commercialization of therapies for serious, rare and life-threatening diseases with significant unmet medical needs, today reported financial results for the first quart

May 9, 2022 EX-99.1

Acer Therapeutics Announces Agreement with FDA on Special Protocol Assessment for its Phase 3 EDSIVO™ (celiprolol) Trial in Vascular Ehlers-Danlos Syndrome Patients Phase 3 DiSCOVER clinical trial initiation expected by end of Q2 2022

Exhibit 99.1 Acer Therapeutics Announces Agreement with FDA on Special Protocol Assessment for its Phase 3 EDSIVO? (celiprolol) Trial in Vascular Ehlers-Danlos Syndrome Patients Phase 3 DiSCOVER clinical trial initiation expected by end of Q2 2022 NEWTON, MA ? May 09, 2022 ? Acer Therapeutics Inc. (Nasdaq: ACER), a pharmaceutical company focused on the acquisition, development and commercializatio

May 9, 2022 8-K

Financial Statements and Exhibits, Other Events

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): May 9, 2022 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commission File

May 6, 2022 8-K

Financial Statements and Exhibits, Other Events

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): May 6, 2022 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commission File

May 6, 2022 EX-99.1

Acer Therapeutics and Relief Therapeutics Announce Presentation of ACER-001 Data at the Genetic Metabolic Dieticians International Conference

Exhibit 99.1 Acer Therapeutics and Relief Therapeutics Announce Presentation of ACER-001 Data at the Genetic Metabolic Dieticians International Conference NEWTON, MA and GENEVA, SWITZERLAND ? May 6, 2022 ? Acer Therapeutics Inc. (Nasdaq: ACER) (?Acer?) and its collaboration partner, Relief Therapeutics Holding SA (SIX: RLF, OTCQB: RLFTF, RLFTY) (?Relief?), today announced the presentation of data

May 3, 2022 424B3

ACER THERAPEUTICS INC. 2,478,000 Shares of Common Stock

Table of Contents Filed pursuant to Rule 424(b)(3) Registration No. 333-264378 PROSPECTUS ACER THERAPEUTICS INC. 2,478,000 Shares of Common Stock This prospectus relates to the offer and resale from time to time by the selling stockholders, identified in this prospectus, and any of their respective permitted assigns (each, a ?Selling Stockholder? and collectively, the ?Selling Stockholders?) of up

April 28, 2022 S-3/A

As filed with the Securities and Exchange Commission on April 28, 2022

Table of Contents As filed with the Securities and Exchange Commission on April 28, 2022 Registration No.

April 28, 2022 CORRESP

Acer Therapeutics Inc. One Gateway Center, Suite 351 300 Washington Street Newton, MA 02458

Acer Therapeutics Inc. One Gateway Center, Suite 351 300 Washington Street Newton, MA 02458 April 28, 2022 VIA EDGAR Securities and Exchange Commission Division of Corporation Finance 100 F Street, N.E. Washington, D.C. 20549-0409 Attention: Michael Davis Re: Acer Therapeutics Inc. Registration Statement on Form S-3 File No. 333-264378 Request for Acceleration of Effectiveness Ladies and Gentlemen

April 28, 2022 CORRESP

Acer Therapeutics Inc. One Gateway Center, Suite 351 300 Washington Street Newton, MA 02458

Acer Therapeutics Inc. One Gateway Center, Suite 351 300 Washington Street Newton, MA 02458 April 28, 2022 VIA EDGAR Securities and Exchange Commission Division of Corporation Finance 100 F Street, N.E. Washington, D.C. 20549-0409 Attention: Michael Davis Re: Acer Therapeutics Inc. Registration Statement on Form S-3 File No. 333-264378 Request for Acceleration of Effectiveness Ladies and Gentlemen

April 19, 2022 EX-FILING FEES

Filing fee table.

Exhibit 107 Calculation of Filing Fee Table S-3 (Form Type) Acer Therapeutics Inc.

April 19, 2022 S-3

Power of Attorney

Table of Contents As filed with the Securities and Exchange Commission on April 19, 2022 Registration No.

April 15, 2022 DEF 14A

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 Filed by the Registrant ? Filed by a Party other than the Registrant ? Check the appropriate box: ? Preliminary Proxy Statement ? Confidential, for Use of the Commission Only (as permitted by Rule 14a-6(e)(2)) ? Definitive Proxy State

April 12, 2022 8-K

Financial Statements and Exhibits, Other Events

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): April 12, 2022 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commission F

April 12, 2022 EX-99.1

Acer Therapeutics and Relief Therapeutics Announce Presentation of ACER-001 Data at the Society for Inherited Metabolic Disorders Annual Meeting

Exhibit 99.1 Acer Therapeutics and Relief Therapeutics Announce Presentation of ACER-001 Data at the Society for Inherited Metabolic Disorders Annual Meeting NEWTON, MA and GENEVA, SWITZERLAND ? April 12, 2022 ? Acer Therapeutics Inc. (Nasdaq: ACER) (?Acer?) and its collaboration partner, Relief Therapeutics Holding SA (SIX: RLF, OTCQB: RLFTF, RLFTY) (?Relief?), today announced the presentation of

April 6, 2022 8-K

Other Events

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): April 4, 2022 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commission Fi

April 4, 2022 EX-99.1

Acer Therapeutics’ EDSIVO™ (celiprolol) Granted FDA Breakthrough Therapy Designation for Vascular Ehlers-Danlos Syndrome Discussions ongoing with FDA through special protocol assessment (SPA) seeking agreement on planned pivotal Phase 3 DiSCOVER tria

Exhibit 99.1 Acer Therapeutics? EDSIVO? (celiprolol) Granted FDA Breakthrough Therapy Designation for Vascular Ehlers-Danlos Syndrome Discussions ongoing with FDA through special protocol assessment (SPA) seeking agreement on planned pivotal Phase 3 DiSCOVER trial with initiation planned by end of Q2 2022 NEWTON, MA ? April 4, 2022 ? Acer Therapeutics Inc. (Nasdaq: ACER), a pharmaceutical company

April 4, 2022 8-K

Financial Statements and Exhibits, Other Events

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): April 4, 2022 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commission Fi

March 31, 2022 EX-99.1

Acer Therapeutics Regains Compliance with Nasdaq Listing Standard

Exhibit 99.1 Acer Therapeutics Regains Compliance with Nasdaq Listing Standard NEWTON, MA ? March 31, 2022 ? Acer Therapeutics Inc. (Nasdaq: ACER), a pharmaceutical company focused on the acquisition, development and commercialization of therapies for serious rare and life-threatening diseases with significant unmet medical needs, today announced that it has received notice from The Nasdaq Stock M

March 31, 2022 8-K

Financial Statements and Exhibits, Other Events

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): March 30, 2022 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commission F

March 30, 2022 EX-99.1

Acer Therapeutics Enrolls First Patient in its Phase 2a Clinical Trial of ACER-801 for Treatment of Moderate to Severe Vasomotor Symptoms Associated with Menopause Results anticipated in H2 2022

Exhibit 99.1 Acer Therapeutics Enrolls First Patient in its Phase 2a Clinical Trial of ACER-801 for Treatment of Moderate to Severe Vasomotor Symptoms Associated with Menopause Results anticipated in H2 2022 NEWTON, MA ? March 30, 2022 ? Acer Therapeutics Inc. (Nasdaq: ACER), a pharmaceutical company focused on the acquisition, development and commercialization of therapies for serious rare and li

March 30, 2022 8-K

Financial Statements and Exhibits, Other Events

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): March 30, 2022 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commission F

March 16, 2022 8-K

Regulation FD Disclosure, Financial Statements and Exhibits, Other Events

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): March 14, 2022 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commission F

March 16, 2022 EX-99.1

Forward-looking Statements This presentation contains “forward-looking statements” that involve substantial risks and uncertainties for purposes of the safe harbor provided by the Private Securities Litigation Reform Act of 1995. All statements, othe

EX-99.1 2 acer-ex99124.htm EX-99.1 Developing Therapeutics for the Treatment of Serious Rare and Life-Threatening Diseases with Significant Unmet Medical Needs Corporate Presentation March 16, 2022 Nasdaq: ACER Exhibit 99.1 Forward-looking Statements This presentation contains “forward-looking statements” that involve substantial risks and uncertainties for purposes of the safe harbor provided by

March 7, 2022 EX-10.5

Form of Secured Convertible Note issued by Acer Therapeutics Inc. to MAM Aardvark, LLC and Marathon Healthcare Finance Fund, L.P. pursuant to the Secured Convertible Note Purchase Agreement dated March 4, 2022, between Acer Therapeutics Inc. and MAM Aardvark, LLC and Marathon Healthcare Finance Fund, L.P. (incorporated by referenced to Exhibit 10.5 to the Company’s Current Report on Form 8-K filed on March 7, 2022.

Exhibit 10.5 EXECUTION VERSION NEITHER THE SECURITIES REPRESENTED HEREBY NOR THE SECURITIES INTO WHICH THESE SECURITIES ARE CONVERTIBLE HAVE BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE ?SECURITIES ACT?), OR UNDER THE SECURITIES LAWS OF ANY STATES. THESE SECURITIES AND THE SECURITIES INTO WHICH THESE SECURITIES ARE CONVERTIBLE ARE SUBJECT TO RESTRICTIONS ON TRANSFERABILITY AND

March 7, 2022 EX-10.6

Credit Agreement dated March 4, 2022, among Acer Therapeutics Inc., the lenders party thereto and MAM Aardvark, LLC, as the agent, sole lead arranger and sole bookrunner (incorporated by reference to Exhibit 10.6 to the Company’s Current Report on Form 8-K filed March 7, 2022).

EX-10.6 7 d279077dex106.htm EX-10.6 Exhibit 10.6 Execution Version CREDIT AGREEMENT among ACER THERAPEUTICS INC., as Borrower, MAM AARDVARK, LLC, as Agent, Sole Lead Arranger and Sole Bookrunner, and the financial institutions party hereto from time to time as Lenders Dated as of March 4, 2022 Table of Contents Page Section 1 Definitions; Interpretation 1 1.1 Definitions 1 1.2 Interpretation 14 Se

March 7, 2022 EX-10.1

Credit Agreement dated March 4, 2022, among Acer Therapeutics Inc., the lenders party thereto and SWK Funding LLC, as the agent, sole lead arranger and sole bookrunner (incorporated by reference to Exhibit 10.1 to the Company’s Current Report on Form 8-K filed March 7, 2022).

Exhibit 10.1 Execution Version CREDIT AGREEMENT among ACER THERAPEUTICS INC., as Borrower, SWK FUNDING LLC, as Agent, Sole Lead Arranger and Sole Bookrunner, and the financial institutions party hereto from time to time as Lenders Dated as of March 4, 2022 Table of Contents Page Section 1 Definitions; Interpretation 1 1.1 Definitions 1 1.2 Interpretation 15 Section 2 Credit Facility 16 2.1 Term Lo

March 7, 2022 EX-10.4

Secured Convertible Note Purchase Agreement dated March 4, 2022, between Acer Therapeutics Inc., MAM Aardvark, LLC and Marathon Healthcare Finance Fund, L.P. (incorporated by reference to Exhibit 10.4 to the Company’s Current Report on Form 8-K filed March 7, 2022).

Exhibit 10.4 EXECUTION VERSION ACER THERAPEUTICS INC. SECURED CONVERTIBLE NOTE PURCHASE AND SECURITY AGREEMENT This Secured Convertible Note Purchase and Security Agreement (this ?Agreement?) is made as of March 4, 2022, by and between ACER THERAPEUTICS INC., a Delaware corporation (the ?Company?), MAM AARDVARK, LLC, a Delaware limited liability company (the ?Agent?), and those purchasers listed o

March 7, 2022 8-K

Regulation FD Disclosure, Entry into a Material Definitive Agreement, Unregistered Sales of Equity Securities, Financial Statements and Exhibits, Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant

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): March 4, 2022 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commission Fi

March 7, 2022 EX-10.2

Guarantee and Collateral Agreement dated March 4, 2022, among Acer Therapeutics Inc. and SWK Funding LLC, as agent (incorporated by reference to Exhibit 10.2 to the Company’s Current Report on Form 8-K filed March 7, 2022).

Exhibit 10.2 GUARANTEE AND COLLATERAL AGREEMENT dated as of March 4, 2022 among ACER THERAPEUTICS INC., and each other Person that becomes a party hereto as a grantor, each as a Grantor, and SWK FUNDING LLC, as Agent GUARANTEE AND COLLATERAL AGREEMENT GUARANTEE AND COLLATERAL AGREEMENT, dated as of March 4, 2022 (as may be amended, restated, amended and restated, waived, supplemented, or otherwise

March 7, 2022 EX-10.8

Synthetic Royalty Agreement dated March 4, 2022, between Acer Therapeutics Inc., MAM Aardvark, LLC and Marathon Healthcare Finance Fund, L.P. (incorporated by reference to Exhibit 10.8 to the Company’s Current Report on Form 8-K filed March 7, 2022).

Exhibit 10.8 EXECUTION VERSION SYNTHETIC ROYALTY AGREEMENT This SYNTHETIC ROYALTY AGREEMENT (this ?Agreement?) dated as of March 4, 2022, is among Acer Therapeutics Inc., a Delaware corporation (the ?Company?), MAM Aardvark, LLC, a Delaware limited liability company (as ?Agent?), and Marathon Healthcare Finance Fund, L.P., a Delaware limited partnership (?MHFF?). W I T N E S S E T H: WHEREAS, the

March 7, 2022 EX-10.7

Form of Guarantee and Collateral Agreement to be dated the Term Loan Funding Date among Acer Therapeutics Inc. and MAM Aardvark, LLC, as agent (incorporated by reference to Exhibit 10.7 to the Company’s Current Report on Form 8-K filed March 7, 2022).

Exhibit 10.7 GUARANTEE AND COLLATERAL AGREEMENT dated as of [], 2022 among ACER THERAPEUTICS INC., and each other Person that becomes a party hereto as a grantor, each as a Grantor, and MAM AARDVARK, LLC, as Agent GUARANTEE AND COLLATERAL AGREEMENT GUARANTEE AND COLLATERAL AGREEMENT, dated as of [], 2022 (as may be amended, restated, amended and restated, waived, supplemented, or otherwise modifie

March 7, 2022 EX-99.1

Acer Therapeutics Secures up to $48.5 Million in Convertible Note and Secured Loan Financing Facilities

Exhibit 99.1 Acer Therapeutics Secures up to $48.5 Million in Convertible Note and Secured Loan Financing Facilities NEWTON, MA ? March 7, 2022 ? Acer Therapeutics Inc. (Nasdaq: ACER), a pharmaceutical company focused on the acquisition, development and commercialization of therapies for serious rare and life-threatening diseases with significant unmet medical needs, today announced that it has en

March 7, 2022 EX-10.3

Warrant issued on March 4, 2022, by the Company to SWK Funding LLC pursuant to the Credit Agreement dated March 4, 2022, among Acer Therapeutics Inc., the lenders party thereto and SWK Funding LLC, as the agent, sole lead arranger and sole bookrunner (incorporated by reference to Exhibit 10.3 to the Company’s Current Report on Form 8-K filed March 7, 2022).

Exhibit 10.3 EXECUTION VERSION THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE ?ACT?), OR THE SECURITIES OR BLUE SKY LAWS OF ANY STATE AND MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED, PLEDGED OR HYPOTHECATED UNLESS AND UNTIL REGISTERED UNDER THE ACT AND APPLICABLE STATE SECURITIES LAW OR, IN THE OPINION OF LEGAL COUNSE

March 3, 2022 S-8

As filed with the Securities and Exchange Commission on March 2, 2022

As filed with the Securities and Exchange Commission on March 2, 2022 Registration No.

March 3, 2022 EX-FILING FEES

Calculation of Filing Fee Tables

Exhibit 107 Calculation of Filing Fee Tables S-8 (Form Type) Acer Therapeutics Inc.

March 2, 2022 EX-10.30

Second Amendment, dated November 17, 2021, by and between Acer Therapeutics Inc. and Eastern Western Corp

Exhibit 10.30 SECOND AMENDMENT DATE: November 17, 2021 (?Effective Date?) BETWEEN Acer Therapeutics Inc. (?Tenant?) 1000 NW Wall Street Suite 220 Bend, OR 97701 AND Eastern Western Corp. (?Landlord?) P.O. Box 3228 Portland, Oregon 97208-3228 RECITALS: A.Landlord and Tenant are parties to that NNN Office Lease dated February 4, 2018 (the ?Lease?), pertaining to certain premises located at 1000 NW W

March 2, 2022 EX-99.1

Acer Therapeutics Reports Q4 and Full Year 2021 Financial Results and Provides Corporate Update

Exhibit 99.1 Acer Therapeutics Reports Q4 and Full Year 2021 Financial Results and Provides Corporate Update NEWTON, MA ? March 2, 2022 ? Acer Therapeutics Inc. (Nasdaq: ACER), a pharmaceutical company focused on the acquisition, development and commercialization of therapies for serious, rare and life-threatening diseases with significant unmet medical needs, today reported financial results for

March 2, 2022 EX-10.27

Lease Agreement, dated October 15, 2021, by and between Acer Therapeutics Inc. and Commonwealth Development LLC, as trustee of the Gateway Realty Trust.

Exhibit 10.27 AMENDMENT NUMBER TWO TO LEASE BETWEEN GATEWAY REALTY TRUST AND Acer Therapeutics Inc. THIS AMENDMENT made this October 15, 2021 between Commonwealth Development LLC (formerly Commonwealth Development Group LLC), as TRUSTEE of the GATEWAY REALTY TRUST, a Massachusetts nominee trust, under an Amended and Restated Declaration of Trust dated as of November 30, 1998 (amending and restatin

March 2, 2022 10-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 10-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 10-K ? ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(D) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended December 31, 2021 ? TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(D) OF THE SECURITIES EXCHANGE ACT OF 1934 Commission File Number: 001-33004 ACER THERAPEUTICS INC. (Exact Name of Registrant as Specified

March 2, 2022 8-K

Financial Statements and Exhibits, Results of Operations and Financial Condition

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): March 2, 2022 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commission Fi

March 2, 2022 EX-10.22

Employment Agreement, dated January 14, 2022, by and between Acer Therapeutics Inc. and Bernie Paul.

Exhibit 10.22 EMPLOYMENT AGREEMENT This Employment Agreement (this ?Agreement?) is made and entered into effective as of January 14, 2022, by and between Acer Therapeutics Inc., a Delaware corporation (the ?Company?), and Bernie Paul (?Key Employee?). The Company and Key Employee are hereinafter collectively referred to as the ?Parties.? W I T N E S S E T H: A.The Company desires assurance of the

February 22, 2022 EX-10.2

Employment Agreement, dated February 21, 2022, between Acer Therapeutics Inc. and Adrian W. Quartel.

EX-10.2 3 acer-ex10216.htm EX-10.2 Exhibit 10.2 EMPLOYMENT AGREEMENT This Employment Agreement (this “Agreement”) is made and entered into effective as of February 21, 2022, by and between Acer Therapeutics Inc., a Delaware corporation (the “Company”), and Adrian W. Quartel (“Key Employee”). The Company and Key Employee are hereinafter collectively referred to as the “Parties.” W I T N E S S E T H

February 22, 2022 EX-10.1

Acer Therapeutics Inc. 2018 Stock Incentive Plan, as amended and restated as of February 18, 2022 (incorporated by reference to Exhibit 10.1 to the Registrant’s Current Report on Form 8-K filed on February 22, 2022).

Exhibit 10.1 ACER THERAPEUTICS INC. 2018 STOCK INCENTIVE PLAN (Adopted by the Board of Directors on March 1, 2018) (Approved by the Stockholders on May 14, 2018) (As Amended and Restated by the Board of Directors on February 18, 2022) Table of Contents SECTION 1. ESTABLISHMENT AND PURPOSE.1 SECTION 2. DEFINITIONS.1 (a) ?Affiliate?1 (b) ?Award?1 (c) ?Award Agreement?1 (d) ?Board of Directors? or ?B

February 22, 2022 8-K

Financial Statements and Exhibits, Other Events

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): February 18, 2022 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commissio

February 22, 2022 EX-99.1

Acer Therapeutics Announces Appointment of Adrian Quartel, M.D., FFPM, as Chief Medical Officer Industry veteran with over 20 years of drug development experience to oversee advancement of Acer’s product pipeline

Exhibit 99.1 Acer Therapeutics Announces Appointment of Adrian Quartel, M.D., FFPM, as Chief Medical Officer Industry veteran with over 20 years of drug development experience to oversee advancement of Acer?s product pipeline NEWTON, MA ? Feb. 22, 2022 ? Acer Therapeutics Inc. (Nasdaq: ACER), a pharmaceutical company focused on the acquisition, development and commercialization of therapies for se

February 22, 2022 EX-10.3

Notice of Stock Option Grant (Inducement Award) and Stock Option Agreement (Inducement Award) for inducement option award made under the 2018 Stock Incentive Plan (incorporated by reference to Exhibit 10.3 to the Company’s Current Report on Form 8-K filed on February 22, 2022).

Exhibit 10.3 ACER THERAPEUTICS INC. 2018 STOCK INCENTIVE PLAN NOTICE OF STOCK OPTION GRANT (INDUCEMENT AWARD) You have been granted the following Option (this ?Option? or this ?Award?) to purchase shares of Common Stock (?Stock?) of Acer Therapeutics Inc. (the ?Company?) under the Acer Therapeutics Inc. 2018 Stock Incentive Plan (as may be amended from time to time, the ?Plan?): Participant: Adria

February 14, 2022 SC 13G/A

ACER / Acer Therapeutics Inc / Nantahala Capital Management, LLC - SCHEDULE 13G/A Passive Investment

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13G Under the Securities Exchange Act of 1934 (Amendment No. 3)* Acer Therapeutics Inc. (Name of Issuer) Common Stock, $0.0001 par value per share (Title of Class of Securities) 00444P108 (CUSIP Number) December 31, 2021 (Date of Event which Requires Filing of this Statement) Check the appropriate box to designate the

January 27, 2022 EX-99.1

Acer Therapeutics and Relief Therapeutics Announce Presentation of Four ACER-001 Posters at the Upcoming SIMD and GMDI Conferences

Exhibit 99.1 Acer Therapeutics and Relief Therapeutics Announce Presentation of Four ACER-001 Posters at the Upcoming SIMD and GMDI Conferences Data to be presented suggests ACER-001 could represent a potential alternative to sodium and glycerol phenylbutyrate for treatment of UCDs NEWTON, MA and GENEVA, SWITZERLAND ? Jan. 27, 2022 ? Acer Therapeutics Inc. (Nasdaq: ACER) (?Acer?) and its collabora

January 27, 2022 8-K

Financial Statements and Exhibits, Other Events

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 27, 2022 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commission

December 30, 2021 8-K

Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing

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): December 29, 2021 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commissio

December 14, 2021 8-K

Financial Statements and Exhibits, Other Events

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): December 14, 2021 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commissio

December 14, 2021 424B2

$6,850,000 Common Stock

Table of Contents Filed Pursuant to 424(b)(2) Registration No. 333-261342 PROSPECTUS SUPPLEMENT (To Prospectus dated December 7, 2021) $6,850,000 Common Stock We have entered into an amended and restated sales agreement, or sales agreement, with JonesTrading Institutional Services LLC and Roth Capital Partners, LLC, or together, the Agents, relating to shares of our common stock offered by this pr

December 9, 2021 EX-99.1

Acer Therapeutics Announces ACER-801 IND Clearance for the Treatment of Induced Vasomotor Symptoms Phase 2a trial initiation expected in Q1 2022 Trial designed to generate proof of concept data for ACER-801 and identify optimal dose for subsequent ef

EX-99.1 2 acer-ex9916.htm EX-99.1 Exhibit 99.1 Acer Therapeutics Announces ACER-801 IND Clearance for the Treatment of Induced Vasomotor Symptoms Phase 2a trial initiation expected in Q1 2022 Trial designed to generate proof of concept data for ACER-801 and identify optimal dose for subsequent efficacy trials in patients with iVMS NEWTON, MA – Dec. 9, 2021 – Acer Therapeutics Inc. (Nasdaq: ACER),

December 9, 2021 8-K

Financial Statements and Exhibits, Other Events

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): December 9, 2021 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commission

December 3, 2021 CORRESP

Acer Therapeutics Inc. One Gateway Center, Suite 351 300 Washington Street Newton, MA 02458 December 3, 2021

CORRESP 1 filename1.htm Acer Therapeutics Inc. One Gateway Center, Suite 351 300 Washington Street Newton, MA 02458 December 3, 2021 VIA EDGAR United States Securities and Exchange Commission Division of Corporation Finance 100 F Street, N.E. Washington, D.C. 20549-0409 Attention: Abby Adams RE: Acer Therapeutics Inc. Registration Statement on Form S-3 File No. 333-261342 Request for Acceleration

December 3, 2021 S-3/A

As filed with the Securities and Exchange Commission on December 3, 2021

Table of Contents As filed with the Securities and Exchange Commission on December 3, 2021 Registration No.

November 24, 2021 S-3

Power of Attorney (included on the signature page hereof).

Table of Contents As filed with the Securities and Exchange Commission on November 24, 2021 Registration No.

November 24, 2021 EX-4.1

Form of Indenture relating to debt securities.

Exhibit 4.1 ACER THERAPEUTICS INC. TO [ ] Trustee Indenture Dated as of , 20 ACER THERAPEUTICS INC. Reconciliation and tie between Trust Indenture Act of 1939 and Indenture, dated as of , 20 Trust Indenture Act Section Indenture Sections ? 310(a)(1) 609 (a)(2) 609 (a)(3) Not Applicable (a)(4) Not Applicable (a)(5) 609 (b) 608 610 ? 311(a) 613(a) (b) 613(b) (b)(2) 703(a)(2) 703(b) ? 312(a) 701 702(

November 19, 2021 EX-10.2

First Amendment, dated April 23, 2019, by and between Acer Therapeutics Inc. and Eastern Western Corp.

Exhibit 10.2 FIRST AMENDMENT DATE: April 23, 2019 (?Effective Date?) BETWEEN Acer Therapeutics Inc. (?Tenant?) 1000 NW Wall Street Suite 220 Bend, OR 97703 AND Eastern Western Corp. (?Landlord?) P.O. Box 3228 Portland, Oregon 97208-3228 RECITALS: A.Landlord and Tenant are parties to that NNN Office Lease dated April 1, 2018 (the ?Lease?), pertaining to certain premises located at 1000 NW Wall Stre

November 19, 2021 10-Q/A

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q/A Amendment No. 1

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q/A Amendment No. 1 (Mark One) ? QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the Quarterly Period Ended March 31, 2021 or ? TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the Transition Period from to Commission File Number: 0

November 19, 2021 EX-10.1

Agreement of Access and Use of Clinical Trial Data, dated as of August 3, 2016, by and between L’Assistance Publique – Hôpitaux de Paris and Acer Therapeutics Inc.

EXHIBIT 10.1 CERTAIN CONFIDENTIAL INFORMATION INDICATED BY ?[***]? HAS BEEN OMITTED FROM THE FILED COPY OF THIS EXHIBIT BECAUSE IT IS BOTH (I) NOT MATERIAL AND (II) IS THE TYPE THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL AGREEMENT OF ACCESS AND USE OF CLINICAL TRIAL DATA (?Agreement?) VAL 2016/2015-419 Between: L?Assistance Publique ? H?pitaux de Paris, Public Health Establishment, whose

November 19, 2021 EX-10.3

Exclusive License Agreement, dated as of April 4, 2014, by and between Acer Therapeutics Inc. and Baylor College of Medicine

Exhibit 10.3 CERTAIN CONFIDENTIAL INFORMATION INDICATED BY ?[***]? HAS BEEN OMITTED FROM THE FILED COPY OF THIS EXHIBIT BECAUSE IT IS BOTH (I) NOT MATERIAL AND (II) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED EXCLUSIVE LICENSE AGREEMENT BCM BLG # 05-078 Entitled: Use of NA+ Phenylbutyrate to lower BCAA and BCKA in MSUD This Exclusive License Agreement (hereinafter called ?Agreement?), to

November 19, 2021 EX-99.1

Acer Therapeutics Reports Q3 2021 Financial Results and Provides Corporate Update

EX-99.1 2 acer-ex99115.htm EX-99.1 Exhibit 99.1 Acer Therapeutics Reports Q3 2021 Financial Results and Provides Corporate Update NEWTON, MA – Nov. 19, 2021 – Acer Therapeutics Inc. (Nasdaq: ACER), a pharmaceutical company focused on the acquisition, development and commercialization of therapies for serious rare and life-threatening diseases with significant unmet medical needs, today reported fi

November 19, 2021 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark One) ? QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the Quarterly Period Ended September 30, 2021 or ? TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the Transition Period from to Commission File Number: 001-33004 Acer

November 19, 2021 10-Q/A

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q/A Amendment No. 1

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q/A Amendment No. 1 (Mark One) ? QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the Quarterly Period Ended June 30, 2021 or ? TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the Transition Period from to Commission File Number: 00

November 19, 2021 8-K

Financial Statements and Exhibits, Results of Operations and Financial Condition

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): November 19, 2021 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commissio

November 16, 2021 8-K

Non-Reliance on Previously Issued Financial Statements or a Related Audit Report or Completed Interim Review, Results of Operations and Financial Condition

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): November 15, 2021 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commissio

November 16, 2021 NT 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, DC 20549 FORM 12b-25 NOTIFICATION OF LATE FILING (Check one): ☐ Form 10-K ☐ Form 20-F ☐ Form 11-K ☒ Form 10-Q ☐ Form 10-D ☐ Form N-CEN ☐ Form N-CSR For Period Ended: September 30, 2021 ☐ Tr

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, DC 20549 FORM 12b-25 NOTIFICATION OF LATE FILING (Check one): ? Form 10-K ? Form 20-F ? Form 11-K ? Form 10-Q ? Form 10-D ? Form N-CEN ? Form N-CSR For Period Ended: September 30, 2021 ? Transition Report on Form 10-K ? Transition Report on Form 20-F ? Transition Report on Form 11-K ? Transition Report on Form 10-Q For the Transition Period Ended: Nothing in this form shall be construed to imply that the Commission has verified any information contained herein.

October 26, 2021 EX-99.1

Acer Therapeutics and Relief Therapeutics Announce Issuance of U.S. Patent 11,154,521 Covering ACER-001 Formulation Key ACER-001 formulation composition of matter patent strengthens proprietary position in U.S. until 2036

EX-99.1 2 acer-ex9916.htm EX-99.1 Exhibit 99.1 Acer Therapeutics and Relief Therapeutics Announce Issuance of U.S. Patent 11,154,521 Covering ACER-001 Formulation Key ACER-001 formulation composition of matter patent strengthens proprietary position in U.S. until 2036 NEWTON, MA and GENEVA, SWITZERLAND – October 26, 2021 – Acer Therapeutics Inc. (Nasdaq: ACER) (“Acer”) and its collaboration partne

October 26, 2021 8-K

Financial Statements and Exhibits, Other Events

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): October 26, 2021 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commission

October 14, 2021 EX-99.1

Forward-looking Statements This presentation contains “forward-looking statements” that involve substantial risks and uncertainties for purposes of the safe harbor provided by the Private Securities Litigation Reform Act of 1995. All statements, othe

Developing Therapeutics for the Treatment of Serious Rare and Life-Threatening Diseases with Significant Unmet Medical Needs Corporate Presentation October 14, 2021 Nasdaq: ACER Exhibit 99.

October 14, 2021 8-K

Regulation FD Disclosure, Financial Statements and Exhibits

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): October 14, 2021 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commission

October 8, 2021 EX-10.1

Waiver and Agreement, dated October 6, 2021, by and between Acer Therapeutics Inc. and Relief Therapeutics Holding AG.

Exhibit 10.1 WAIVER AND AGREEMENT This WAIVER AND AGREEMENT dated as of October 6, 2021 is made between ACER THERAPEUTICS INC., a Delaware corporation (?Acer?), and RELIEF THERAPEUTICS HOLDING AG, a company organized and existing under the laws of Switzerland (?Relief?), with respect to that certain Collaboration and License Agreement, dated March 19, 2021, between the Parties (the ?Agreement?). C

October 8, 2021 8-K

Entry into a Material Definitive Agreement, Financial Statements and Exhibits

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): October 6, 2021 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commission

October 7, 2021 8-K

Financial Statements and Exhibits, Other Events

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): October 7, 2021 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commission

October 7, 2021 EX-99.1

Acer Therapeutics Receives Notice of Allowance of Key U.S. Patent Application Covering ACER-001 Formulation Notice of allowance of ACER-001 formulation composition of matter patent application strengthens proprietary position in U.S. until 2036

Exhibit 99.1 Acer Therapeutics Receives Notice of Allowance of Key U.S. Patent Application Covering ACER-001 Formulation Notice of allowance of ACER-001 formulation composition of matter patent application strengthens proprietary position in U.S. until 2036 NEWTON, MA and GENEVA, SWITZERLAND ? October 7, 2021 ? Acer Therapeutics Inc. (Nasdaq: ACER) (?Acer?) and its collaboration partner, Relief Th

October 6, 2021 EX-99.1

Acer Therapeutics and Relief Therapeutics Announce FDA Acceptance for Filing of New Drug Application for ACER-001 to Treat Urea Cycle Disorders FDA sets PDUFA target action date of June 5, 2022

Exhibit 99.1 Acer Therapeutics and Relief Therapeutics Announce FDA Acceptance for Filing of New Drug Application for ACER-001 to Treat Urea Cycle Disorders FDA sets PDUFA target action date of June 5, 2022 NEWTON, MA and GENEVA, SWITZERLAND ? October 6, 2021 ? Acer Therapeutics Inc. (Nasdaq: ACER) (?Acer?) and its collaboration partner, Relief Therapeutics Holding SA (SIX: RLF, OTCQB: RLFTF) (?Re

October 6, 2021 8-K

Financial Statements and Exhibits, Other Events

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): October 6, 2021 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commission

August 10, 2021 EX-10.2

First Amendment, dated April 23, 2019, by and between Acer Therapeutics Inc. and Eastern Western Corp. (incorporated by reference to Exhibit 10.2 to the Company’s Quarterly Report on Form 10-Q filed on August 10, 2021).

Exhibit 10.2 FIRST AMENDMENT DATE: April 23, 2019 (?Effective Date?) BETWEEN Acer Therapeutics Inc. (?Tenant?) 1000 NW Wall Street Suite 220 Bend, OR 97703 AND Eastern Western Corp. (?Landlord?) P.O. Box 3228 Portland, Oregon 97208-3228 RECITALS: A.Landlord and Tenant are parties to that NNN Office Lease dated April 1, 2018 (the ?Lease?), pertaining to certain premises located at 1000 NW Wall Stre

August 10, 2021 EX-99.1

Acer Therapeutics Reports Q2 2021 Financial Results and Provides Corporate Update

Exhibit 99.1 Acer Therapeutics Reports Q2 2021 Financial Results and Provides Corporate Update NEWTON, MA ? August 10, 2021 ? Acer Therapeutics Inc. (Nasdaq: ACER), a pharmaceutical company focused on the acquisition, development and commercialization of therapies for serious rare and life-threatening diseases with significant unmet medical needs, today reported financial results for the second qu

August 10, 2021 EX-99.2

Forward-looking Statements This presentation contains “forward-looking statements” that involve substantial risks and uncertainties for purposes of the safe harbor provided by the Private Securities Litigation Reform Act of 1995. All statements, othe

Developing Therapeutics for the Treatment of Serious Rare and Life-Threatening Diseases with Significant Unmet Medical Needs Corporate Presentation August 10, 2021 Nasdaq: ACER Exhibit 99.

August 10, 2021 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark One) ? QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the Quarterly Period Ended June 30, 2021 or ? TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the Transition Period from to Commission File Number: 001-33004 Acer Thera

August 10, 2021 EX-10.1

Agreement of Access and Use of Clinical Trial Data, dated as of August 3, 2016, by and between Acer Therapeutics Inc. and L’Assistance Publique—Hôpitaux de Paris (incorporated by reference to Exhibit 10.1 to the Company’s Quarterly Report on Form 10-Q filed on August 10, 2021).

EXHIBIT 10.1 CERTAIN CONFIDENTIAL INFORMATION INDICATED BY ?[***]? HAS BEEN OMITTED FROM THE FILED COPY OF THIS EXHIBIT BECAUSE IT IS BOTH (I) NOT MATERIAL AND (II) IS THE TYPE THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL AGREEMENT OF ACCESS AND USE OF CLINICAL TRIAL DATA (?Agreement?) VAL 2016/2015-419 Between: L?Assistance Publique ? H?pitaux de Paris, Public Health Establishment, whose

August 10, 2021 8-K

Regulation FD Disclosure, Financial Statements and Exhibits, Results of Operations and Financial Condition

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): August 10, 2021 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commission

August 9, 2021 EX-99.1

Acer Therapeutics and Relief Therapeutics Announce Submission of a New Drug Application to the U.S. FDA for ACER-001 for Treatment of Urea Cycle Disorders

Exhibit 99.1 Acer Therapeutics and Relief Therapeutics Announce Submission of a New Drug Application to the U.S. FDA for ACER-001 for Treatment of Urea Cycle Disorders NEWTON, MA and GENEVA, SWITZERLAND ? August 9, 2021 ? Acer Therapeutics Inc. (Nasdaq: ACER) (?Acer?), a pharmaceutical company focused on the acquisition, development and commercialization of therapies for serious rare and life-thre

August 9, 2021 8-K

Financial Statements and Exhibits, Other Events

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): August 9, 2021 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commission F

June 17, 2021 8-K

Regulation FD Disclosure, Financial Statements and Exhibits

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): June 17, 2021 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commission Fi

June 17, 2021 EX-99.1

Forward-looking Statements This presentation contains “forward-looking statements” that involve substantial risks and uncertainties for purposes of the safe harbor provided by the Private Securities Litigation Reform Act of 1995. All statements, othe

EX-99.1 2 acer-ex9916.htm EX-99.1 Developing Therapeutics for the Treatment of Serious Rare and Life-Threatening Diseases with Significant Unmet Medical Needs Corporate Presentation June 17, 2021 Nasdaq: ACER Exhibit 99.1 Forward-looking Statements This presentation contains “forward-looking statements” that involve substantial risks and uncertainties for purposes of the safe harbor provided by th

June 10, 2021 EX-99.1

Acer Therapeutics Plans Clinical Trial for EDSIVO™ (celiprolol) Following Type B FDA Meeting Phase 3, randomized, double-blind, placebo-controlled, decentralized clinical trial estimated to take approximately 3.5 years to complete once fully enrolled

Exhibit 99.1 Acer Therapeutics Plans Clinical Trial for EDSIVO? (celiprolol) Following Type B FDA Meeting Phase 3, randomized, double-blind, placebo-controlled, decentralized clinical trial estimated to take approximately 3.5 years to complete once fully enrolled FDA indicates agreement with submission of proposed protocol under a Special Protocol Assessment (SPA) with possible breakthrough design

June 10, 2021 8-K

Financial Statements and Exhibits, Other Events

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): June 10, 2021 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commission Fi

May 25, 2021 EX-99.2

Acer Therapeutics Plans NDA Submission for ACER-001 in Q3 2021 Following Pre-NDA Meeting with FDA

Exhibit 99.2 Acer Therapeutics Plans NDA Submission for ACER-001 in Q3 2021 Following Pre-NDA Meeting with FDA NEWTON, MA and GENEVA, SWITZERLAND ? May 25, 2021 ? Acer Therapeutics Inc. (Nasdaq: ACER)(?Acer?), a pharmaceutical company focused on the acquisition, development and commercialization of therapies for serious rare and life-threatening diseases with significant unmet medical needs, and R

May 25, 2021 8-K

Regulation FD Disclosure, Financial Statements and Exhibits, Other Events

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): May 25, 2021 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commission Fil

May 25, 2021 EX-99.1

Forward-looking Statements This presentation contains “forward-looking statements” that involve substantial risks and uncertainties for purposes of the safe harbor provided by the Private Securities Litigation Reform Act of 1995. All statements, othe

Developing Therapeutics for the Treatment of Serious Rare and Life-Threatening Diseases with Significant Unmet Medical Needs Corporate Presentation May 25, 2021 Nasdaq: ACER Exhibit 99.

May 24, 2021 8-K

Submission of Matters to a Vote of Security Holders

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): May 21, 2021 ACER THERAPEUTICS INC. (Exact name of registrant as specified in its charter) Delaware 001-33004 32-0426967 (State or other jurisdiction of incorporation) (Commission Fil

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