Re: 2006 Employee, Director and Consultant Stock Plan Non-Plan Option AgreementsNon-Plan Option Agreements • November 10th, 2016 • Protagenic Therapeutics, Inc.\new • Services-business services, nec
We have assisted in the preparation of a Registration Statement on Form S-8 (the “Registration Statement”) to be filed with the Securities and Exchange Commission (the “Commission”) under the Securities Act of 1933, as amended (the “Securities Act”), relating to an aggregate of 1,408,929 shares of common stock, $.0001 par value per share (the “Shares”), of Protagenic Therapeutics, Inc., a Delaware corporation (the “Company”), (i) 1,391,145 of which Shares are issuable under the Company’s 2006 Employee, Director and Consultant Stock (the “Plan”) and (ii) 17,784 of which Shares are issuable pursuant to three option agreements (collectively, the “Non-Plan Option Agreements”) entered into pursuant to the Agreement and Plan of Merger and Reorganization among Atrinsic, Inc., Protagenic Acquisition Corp. and the Company, dated as of February 12, 2016 (the “Merger Agreement”).
