On November 12, 2009, Opexa Therapeutics, Inc. filed Articles of Amendment to its Amended and Restated Articles of Incorporation with the Secretary of State of the State of Texas to reduce the par value of its common stock from $0.50 per share to $0.01 per share (the 'Amendment'). The Amendment was effective upon filing, and was approved by a majority of the Company's shareholders at the annual meeting held the day prior. On November 11, 2009, the Company's Board of Directors amended Section 7.1 of the Amended and Restated Bylaws of the Company (the 'Bylaws') to remove the prohibition that the same individual may not hold the offices of President and Secretary. As previously disclosed, the Company's President and Chief Executive Officer, Neil K. Warma, is currently the acting Secretary. The Board also amended Article 9 of the Bylaws to reflect the Board's prior authorization in 2007 to permit the issuance and transfer of shares of the Company's common stock in uncertificated form. The previous Bylaw provision did not provide for uncertificated shares. This amendment brings the Bylaws in compliance with the NASDAQ Stock Market requirement that all listed securities be eligible for a direct registration system, such as the direct registration system administered by The Depository Trust Company.

To discuss an overview of the company's ongoing clinical development program for Tovaxin, the company's lead therapy for MS

Opexa Therapeutics Inc. reported earnings results for the third quarter and nine months ended September 30, 2009. For the quarter, the company reported net gain of $2,220,482 or $0.14 per diluted share, and operating loss of $1,209,748 compared to net loss of $3,129,770 or $0.28 per basic and diluted share, and operating loss of $3,148,898 a year ago. For the nine months, the company reported net loss of $279,982 or $0.02 per basic and diluted share, and operating loss of $3,292,304 compared to net loss of $9,867,096 or $0.99 per basic and diluted share, and operating loss of $9,979,309 a year ago.