UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 11-K
FOR ANNUAL REPORTS OF
EMPLOYEE STOCK PURCHASE, SAVINGS AND SIMILAR PLANS
PURSUANT TO SECTION 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934
(MARK ONE)
☒ ANNUAL REPORT PURSUANT TO SECTION 15(d)
OF THE SECURITIES EXCHANGE ACT OF 1934
FOR THE FISCAL YEAR ENDED DECEMBER 31, 2022
OR
☐ TRANSITION REPORT PURSUANT TO SECTION 15(d)
OF THE SECURITIES EXCHANGE ACT OF 1934
FOR THE TRANSITION PERIOD FROM ______________ TO
____________
COMMISSION FILE NUMBER 001-09974
Enzo Biochem, Inc.
Salary Reduction Profit Sharing Plan
(Full title of the plan and the address of the
plan, if different from that of the issuer named below:)
Enzo Biochem, Inc. 81 Executive Blvd., Farmingdale,
NY 11735
(Name of issuer of the securities held pursuant
to the plan and the address of its principal executive office)
ENZO BIOCHEM, INC.
SALARY REDUCTION PROFIT SHARING PLAN
Table of Contents
REPORT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM
To the Plan Administrator, Participants and Beneficiaries
of the Enzo Biochem, Inc. Salary Reduction Profit
Sharing Plan
Opinion on the Financial Statements
We have audited the accompanying statements of net
assets available for benefits of the Enzo Biochem, Inc. Salary Reduction Profit Sharing Plan (the “Plan”) as of December 31,
2022 and 2021, and the related statement of changes in net assets available for benefits for the year ended December 31, 2022, and the
related notes (collectively the “financial statements”). In our opinion, the financial statements present fairly, in all material
respects, the net assets available for benefits of the Plan as of December 31, 2022 and 2021, and the changes in net assets available
for benefits for the year ended December 31, 2022, in conformity with accounting principles generally accepted in the United States of
America.
Basis for Opinion
These financial statements are the responsibility
of the Plan's management. Our responsibility is to express an opinion on the Plan’s financial statements based on our audits. We
are a public accounting firm registered with the Public Company Accounting Oversight Board (United States) (“PCAOB”) and are
required to be independent with respect to the Plan in accordance with the U.S. federal securities laws and the applicable rules and regulations
of the Securities and Exchange Commission and the PCAOB.
We conducted our audits in accordance with the standards
of the PCAOB. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements
are free of material misstatement, whether due to error or fraud. The Plan is not required to have, nor were we engaged to perform, an
audit of its internal control over financial reporting. As part of our audits, we are required to obtain an understanding of internal
control over financial reporting but not for the purpose of expressing an opinion on the effectiveness of the Plan's internal control
over financial reporting. Accordingly, we express no such opinion.
Our audits included performing procedures to assess
the risks of material misstatement of the financial statements, whether due to error or fraud, and performing procedures that respond
to those risks. Such procedures included examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements.
Our audits also included evaluating the accounting principles used and significant estimates made by management, as well as evaluating
the overall presentation of the financial statements. We believe that our audits provide a reasonable basis for our opinion.
Report on Supplemental Information
The supplemental information in the accompanying schedule
of assets (held at end of year) as of December 31, 2022 has been subjected to audit procedures performed in conjunction with the audit
of the Plan's financial statements. The supplemental information is the responsibility of the Plan's management. Our audit procedures
included determining whether the supplemental information reconciles to the financial statements or the underlying accounting and other
records, as applicable, and performing procedures to test the completeness and accuracy of the information presented in the supplemental
information. In forming our opinion on the supplemental information, we evaluated whether the supplemental information, including its
form and content, is presented in conformity with the Department of Labor's Rules and Regulations for Reporting and Disclosure under the
Employee Retirement Income Security Act of 1974. In our opinion, the supplemental information is fairly stated, in all material respects,
in relation to the financial statements as a whole.
/s/ EisnerAmper LLP
We have served as the Plan’s auditor since 2010.
EISNERAMPER LLP
New York, New York
June 29, 2023
ENZO BIOCHEM, INC.
SALARY REDUCTION PROFIT SHARING PLAN
Statements of Net Assets Available for Benefits
December 31,
| |
2022 | | |
2021 | |
ASSETS | |
| | |
| |
Investments, at fair value: | |
| | |
| |
Mutual funds | |
$ | 29,711,665 | | |
$ | 43,378,931 | |
Enzo Biochem, Inc. common stock | |
| 1,923,305 | | |
| 4,108,707 | |
Collective trust – Stable Value Fund | |
| 1,977,028 | | |
| — | |
| |
| 33,611,998 | | |
| 47,487,638 | |
Receivables: | |
| | | |
| | |
Employer’s contributions | |
| 1,079,168 | | |
| 814,220 | |
Notes receivable – participants | |
| 599,884 | | |
| 633,986 | |
| |
| 1,679,052 | | |
| 1,448,206 | |
| |
| | | |
| | |
TOTAL ASSETS | |
| 35,291,050 | | |
| 48,935,844 | |
| |
| | | |
| | |
NET ASSETS AVAILABLE FOR BENEFITS | |
$ | 35,291,050 | | |
$ | 48,935,844 | |
See notes to financial statements.
ENZO BIOCHEM, INC.
SALARY REDUCTION PROFIT SHARING PLAN
Statement of Changes in Net Assets Available
for Benefits
For the Year Ended December 31, 2022
Additions (deductions) from net assets attributed to: | |
| |
Investment income: | |
| |
Interest and dividends | |
$ | 2,175,100 | |
Net realized/unrealized depreciation in value of investments | |
| (12,428,221 | ) |
Interest on notes receivable - participants | |
| 28,891 | |
Contributions: | |
| | |
Participants’ contributions | |
| 2,512,529 | |
Employer’s contributions | |
| 1,079,168 | |
Benefits paid to participants | |
| (6,969,380 | ) |
Administrative expenses | |
| (42,881 | ) |
Net decrease in net assets available for benefits | |
| (13,644,794 | ) |
| |
| | |
Net assets available for benefits, beginning of year | |
| 48,935,844 | |
| |
| | |
Net assets available for benefits, end of year | |
$ | 35,291,050 | |
See notes to financial statements.
ENZO BIOCHEM, INC.
SALARY REDUCTION PROFIT SHARING PLAN
Notes to Financial Statements
The following description of the Enzo
Biochem, Inc. Salary Reduction Profit Sharing Plan (the “Plan”) provides only general information. Participants should refer
to the Plan Agreement, as amended, for a more complete description of the Plan’s provisions.
General
The Plan is a defined contribution
plan covering all eligible United States based full-time employees of Enzo Biochem, Inc., (the “Plan Sponsor”), and its wholly
owned subsidiaries, Enzo Clinical Labs, Inc., Enzo Therapeutics, Inc., and Enzo Life Sciences, Inc. (collectively, the “Company”)
who have completed one month of service and have attained age twenty-one. The Plan is subject to the provisions of the Employee
Retirement Income Security Act of 1974 (“ERISA”).
Contributions
Eligible employee participants can
elect to defer up to 70% of compensation to the maximum amount permitted by the Internal Revenue Code (the “Code”) for each
year ($20,500 in 2022 and $19,500 in 2021). Catch-up contributions are also permitted for participants who have attained age 50 by December
31st, in accordance with Section 414(v) of the Code, in an amount up to a maximum of $6,500 in 2022 and $6,500 in 2021, bringing
those participants’ statutory maximum limitation to $27,000 in 2022 and $26,000 in 2021. In 2022, participant contributions totaled
$2,512,529 which includes $73,062 in rollover contributions.
The Company may contribute to the Plan
annually, a discretionary matching contribution and a non-elective employer contribution. For 2022, the discretionary matching contribution
was equal to 50% of the participant’s 401(k) contribution. For 2021 the discretionary matching contribution was equal to 50% of
the participant’s 401(k) contribution, not to exceed 5% of the participant’s annual compensation, as defined. Participants
who have completed 1,000 hours of service during the plan year and are actively employed as of the last day of the plan year shall be
deemed eligible to share in the matching contribution or the non-elective employer contribution for the year. In 2022, the total matching
contributions were $1,079,168 in the form of Enzo Biochem Inc. common stock. There were no non-elective employer contributions
made in 2022 or 2021.
The Plan provides that unless the participant
affirmatively elects otherwise, the participant’s compensation will automatically be reduced by 3%, which will be considered to
be the Participant’s salary reduction election.
Participant Accounts
Participants direct both their contributions
and employer contributions into various investment options offered by the Plan which include a choice of mutual funds and the common stock
of Enzo Biochem, Inc. Each participant’s account is credited with the participant’s contribution and allocations
of (a) the Company’s matching contribution and non-elective employer contribution, (b) Plan earnings (losses) and c) charged with
an allocation of administrative expenses. Allocations are based on participant compensation, account balances or specific participant
transactions, as defined. The benefit to which a participant is entitled is the benefit that can be provided from the participant’s
vested account. The Plan allows a participant to elect to classify all or part of his or her elective deferrals as a Roth 401(k) deferral.
ENZO BIOCHEM, INC.
SALARY REDUCTION PROFIT SHARING PLAN
Notes to Financial Statements
Vesting
Participants’ contributed funds
arising from salary reductions and the earnings thereon, are fully vested at all times. Vesting in the Company’s discretionary matching
contribution and non-elective employer contribution and earnings thereon, is ratable over four years of service. Once four years of service
are achieved, all subsequent matching contributions are fully vested when the match is made.
Forfeitures
Forfeited non-vested amounts may be
used to pay Plan expenses or reduce the Company’s future contributions to the Plan. During the year ended December 31, 2022, forfeitures
were used to pay $25,879 of Plan expenses. Forfeited non-vested amounts available at December 31, 2022 and 2021 were $10,364 and $13,297,
respectively.
Notes Receivable from Participants
Notes receivable from participants
are measured at their unpaid principal balance plus any accrued but unpaid interest. Participants may borrow from their accounts a minimum
of $1,000 up to a maximum of 50% of their vested account balance or $50,000. Participants are entitled to borrow from their account for
a maximum loan term of five years unless the proceeds are used to acquire a principal residence in which case it may exceed five years.
The loans, classified as Notes Receivable from Participants, are secured by the participant’s vested account balance and bear a
reasonable rate of interest, ranging from 4.5% to 5.0% at December 31, 2022. Principal and interest are paid ratably through payroll
deductions. Delinquent notes receivable from participants are reclassified as distributions based upon the terms of the Plan document.
Related fees are recorded as administrative expenses and are expensed when they are incurred.
Payment of Benefits
On termination of service due to death,
disability or retirement, participants may elect to receive an amount equal to the value of the vested interest in their account in a
lump sum amount. For termination of service due to other reasons, a participant may receive the value of the vested interest
in their account as a lump sum distribution. Benefits are payable in the form of cash or Company common stock.
ENZO BIOCHEM, INC.
SALARY REDUCTION PROFIT SHARING PLAN
Notes to Financial Statements
Plan Expenses
Generally, substantially all expenses
incurred in connection with the administration of the Plan are paid by the Plan with forfeitures, if available. The Plan Sponsor pays
certain expenses of the Plan if the balance of forfeitures is not adequate. Costs associated with participant loans and distribution fees
are paid by participants
NOTE 2: |
SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES: |
Basis of Accounting
The Plan’s financial statements
have been prepared in conformity with accounting principles generally accepted in the United States of America and under the accrual basis
method of accounting.
Payment of Benefits
Benefits are recorded when paid.
Use of Estimates
The preparation of the financial statements
in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and
assumptions that affect reported amounts of net assets available for benefits at the date of the financial statements and the accompanying
footnotes and the changes in net assets available for benefits during the reporting period and when applicable disclosures of contingent
assets and liabilities at the date of the financial statements. Actual results could differ from those estimates.
Investment Valuation and Income
Recognition
The Plan’s investments are stated
at fair value. Fair value is the price that would be received to sell an asset or paid to transfer a liability in an orderly transaction
between market participants at the measurement date. See Note 3 for discussion of fair value measurements.
Interest income is recorded on the
accrual basis. Dividends are recorded on the ex-dividend date. Investment earnings are reinvested in the respective funds. Net realized/unrealized
appreciation in value of investments includes the Plan’s realized gains and losses on the disposal of investments, and appreciation
or depreciation in the fair value of the underlying investments. All purchases and sales are recorded on a trade date basis.
ENZO BIOCHEM, INC.
SALARY REDUCTION PROFIT SHARING PLAN
Notes to Financial Statements
NOTE 3: |
FAIR VALUE MEASUREMENTS |
The Financial Accounting Standards
Board’s (“FASB”), Accounting Standards Codification (“ASC” 820), Fair Value Measurements and Disclosures,
provides a framework for measuring fair value. That framework provides a fair value hierarchy that prioritizes the inputs to valuation
techniques used to measure fair value. The hierarchy gives the highest priority to unadjusted quoted prices in active markets for identical
assets or liabilities (level 1 measurement) and the lowest priority to unobservable inputs (level 3 measurement). The three levels of
the fair value hierarchy under ASC 820 are described as follows:
Level 1 - Inputs to the valuation methodology
are unadjusted quoted prices for identical assets or liabilities in active markets that the Plan has the ability to access.
Level 2 - Inputs to the valuation methodology
include: quoted prices for similar assets or liabilities in active markets; quoted prices for identical or similar assets or liabilities
in inactive markets; inputs other than quoted prices that are observable for the assets or liability; inputs that are derived principally
from or corroborated by observable market data by correlation or other means.
If the asset or liability has a specified
(contractual) term, the level 2 Input must be observable for substantially the full term of the asset or liability.
Level 3 - Inputs to the valuation methodology
are unobservable and significant to the fair value measurements.
The asset or liability’s fair
value measurement level within the fair value hierarchy is based on the lowest level of any input that is significant to the fair value
measurement. Valuation techniques used need to maximize the use of observable inputs and minimize the use of unobservable inputs.
Following is a description of the valuation
methodologies used for assets measured at fair value. There have been no changes in the methodologies used at December 31, 2022 and 2021.
Mutual funds – Valued at the
daily closing price as reported by the fund. Mutual funds held by the Plan are open-ended mutual funds that are registered with the Securities
and Exchange Commission. These funds are required to publish their daily net asset value (“NAV”) and to transact at that price.
The mutual funds held by the Plan are deemed to be actively traded.
Common stocks (Enzo Biochem, Inc.)
– Valued at the closing price reported on the active market on which the individual securities are traded.
Stable value collective trust fund
- A stable value fund that is composed primarily of fully benefit-responsive investment contracts and that is valued at the net asset
value of units of the bank collective trust. The net asset value is used as a practical expedient to estimate fair value. This practical
expedient would not be used if it is determined to be probable that the fund will sell the investment for an amount different from the
reported net asset value. Participant transactions (purchases and sales) may occur daily. Advance written notice of 5 business days shall
be required for any Plan Sponsor directed withdrawal that will exceed $1,000,000. Plan Sponsor directed withdrawals of $75,000,000 or
more require advance written notice of 60 days and may be subject to a 12 month deferral. In addition, the Trustee may at any time, in
its sole discretion, withhold payment on any distribution or withdrawal to the extent necessary. Additionally, there are no unfunded
commitments in the fund as of December 31, 2022.
ENZO BIOCHEM, INC.
SALARY REDUCTION PROFIT SHARING PLAN
Notes to Financial Statements
The methods described may produce a
fair value calculation that may not be indicative of net realizable value or reflective of future fair values. Furthermore, although the
Plan believes its valuation methods are appropriate and consistent with other market participants, the use of different methodologies
or assumptions to determine the fair value of certain financial instruments could result in a different fair value measurement at the
reporting date.
The following tables sets forth by
level, within the fair value hierarchy, the Plan’s investments fair value:
| |
Assets at Fair Value as
of December 31, | |
| |
2022 | | |
2021 | |
Mutual funds – Level 1 | |
$ | 29,711,665 | | |
$ | 43,378,931 | |
Common stock-Enzo Biochem, Inc. – Level 1 | |
| 1,923,305 | | |
| 4,108,707 | |
Total Level 1 | |
$ | 31,634,970 | | |
$ | 47,487,638 | |
Collective trust - Fidelity Stable Value Fund – measured at NAV (a) | |
| 1,977,028 | | |
| — | |
Total | |
$ | 33,611,998 | | |
$ | 47,487,707 | |
(a) Certain
investments that are measured at fair value using the NAV per share (or its equivalent) practical expedient have not been classified in
the fair value hierarchy. The fair value amounts presented in this table are intended to permit reconciliation of the fair value hierarchy
to the amounts presented in the statement of net assets available for benefits.”
Changes in Fair Value Levels
The availability of observable market
data is monitored to assess the appropriate classification of financial instruments within the fair value hierarchy. Changes in economic
conditions or model-based valuation techniques may require the transfer of financial instruments from one fair value level to another.
NOTE 4: |
RIGHT TO TERMINATE PLAN |
Although it has not expressed any intent
to do so, the Company has the right under the Plan to discontinue its contributions at any time and to terminate the Plan subject to the
provisions of ERISA. In the event of Plan termination participants would become 100% vested in their Company contributions.
The Plan has adopted the Fidelity
Management and Research Company Volume Submitter plan. On March 31, 2014 and June 30, 2020 the Internal Revenue Service stated in advisory
letters that the Volume Submitter adopted by the Plan, as then assigned, was in compliance with the applicable requirements of the Internal
Revenue Code and therefore, the related trust is exempt from taxation. The Plan has been amended since receiving the letter. However,
the Plan administrator believes that the Plan is currently designed and being operated in compliance with the applicable requirements
of the Internal Revenue Code. Therefore, the Plan administrator believes that the Plan is qualified and the related trust is tax-exempt.
ENZO BIOCHEM, INC.
SALARY REDUCTION PROFIT SHARING PLAN
Notes to Financial Statements
Accounting principles generally accepted
in the United States of America require plan management to evaluate tax positions taken by the Plan and recognize a tax liability if the
plan has taken an uncertain position that more likely than not would not be sustained upon examination by a government authority. The
plan administrator has analyzed the tax positions taken by the Plan, and has concluded that as of December 31, 2022, there are no uncertain
positions taken or expected to be taken that would require recognition of a liability or disclosure in the financial statements. The Plan
is subject to routine examination by taxing jurisdictions; however, there are currently no examinations for any tax periods in progress.
NOTE 6: |
RELATED PARTY AND PARTY IN INTEREST TRANSACTIONS |
During 2022, the Plan purchased 253,365
shares of common stock of the Plan sponsor, at market prices totaling $854,341 and sold 189,120 shares of common stock at market prices
totaling approximately $450,104. At December 31, 2022 and 2021, the Plan held Enzo Biochem, Inc. common stock with a fair value of $1,922,229
and shares owned of 1,344,216, and a fair value of $4,108,707 and shares owned of 1,279,970, respectively.
Fidelity Investments Institutional
Operations Company LLC (“FIIOC”) is the trustee and record keeper of the Plan. Certain Plan investments are shares of mutual
funds managed by affiliates of FIIOC. Therefore, these transactions qualify as Party-in-interest transactions. Fees paid by the Plan for
the investment management services are included in net appreciation in fair value of investments.
Fees paid by the Plan to FIIOC amounted
to $13,855 for the year ended December 31, 2022. In addition the Plan paid for advisory and auditing fees amounting to $29,026 for the
year ended December 31, 2022.
NOTE 7: |
RISKS AND UNCERTAINTIES |
The Plan invests in various investment
securities. Investment securities are exposed to various risk such as interest rate, market, and credit risks. Due to the level of risk
associated with certain investment securities, it is at least reasonably possible that changes in the values of investment securities
will occur in the near term and that such changes could materially affect participants’ account balances and the amounts reported
in the statements of net assets available for benefits.
Volatility in the financial markets
may significantly impact the subsequent valuation of the Plan’s investments. Accordingly, the valuation of investments at December
31, 2022 may not necessarily be indicative of amounts that could be realized in a current market exchange.
Investments in mutual funds are subject
to sales charges in the form of front-end loads, back-end loads or 12b-l fees. 12b-l fees, which are ongoing fees allowable under Section
12b-1 of the Investment Company Act of 1940, are annual fees deducted to pay for marketing and distribution costs of the funds. These
fees are deducted prior to the allocation of the Plan’s investment earnings activity, and thus not separately identifiable as an
expense.
NOTE 10: |
SUBSEQUENT EVENTS |
In March 2023, the Sponsor announced
an agreement to sell substantially all of the assets of its clinical laboratory segment to Labcorp (the “Asset Sale”). Most
Enzo Clinical Labs, Inc. employees will be terminated in July 2023, the scheduled closing date of the sale and a WARN report was filed
with the New York State Department of Labor. As a result, the Plan will be considered partially terminated. All participants who terminate
during the plan year 2023, the period in which the partial termination occurs, will be fully vested in their Plan accounts.
Also because of the Asset Sale,
the Plan was amended in April 2023 to enable loans to not be due at termination of employment so that upon employment termination,
the full balance of the loan does not have to be repaid. Participants must contact Fidelity, the trustee and record keeper of the
Plan and put in place the process to continue loan repayments directly from their personal bank accounts on a monthly basis until
the termination date of the loan.
ENZO BIOCHEM, INC.
SALARY REDUCTION PROFIT SHARING PLAN
Schedule H, Line 4i
Schedule of Assets (Held at End of Year)
E.I.N. # 13-2866202
Plan # 001
December 31, 2022
| | |
Identity of Issue, Borrower, Lessor or Similar Party | |
Description of
Investment
Including Maturity
Date, Rate of Interest,
Collateral, Par or Maturity Value | |
Current Value | |
* | | |
Enzo Biochem, Inc. | |
Common Stock | |
$ | 1,923,305 | |
| | |
Pimco Total Return | |
Mutual Fund | |
| 306,137 | |
| | |
INVS DIVRS DIVD R5 | |
Mutual Fund | |
| 341,176 | |
| | |
NB Genesis | |
Mutual Fund | |
| 784,537 | |
| | |
JPM Mid Cap Growth A | |
Mutual Fund | |
| 344,910 | |
| | |
Allspring Special Sm Cap Val A | |
Mutual Fund | |
| 237,468 | |
| | |
Columbia Acorn International Select | |
Mutual Fund | |
| 161,628 | |
| | |
TRP Div Growth Adv | |
Mutual Fund | |
| 413,067 | |
| | |
Parnassus Mid Cap | |
Mutual Fund | |
| 165,624 | |
* | | |
Fidelity Capital & Income | |
Mutual Fund | |
| 246,325 | |
* | | |
Fidelity Government Income | |
Mutual Fund | |
| 380,092 | |
* | | |
Fidelity International Discovery | |
Mutual Fund | |
| 110,570 | |
* | | |
Fidelity Emerging Markets | |
Mutual Fund | |
| 167,855 | |
* | | |
Fidelity Growth Discovery | |
Mutual Fund | |
| 4,281,817 | |
* | | |
Fidelity Freedom Income | |
Mutual Fund | |
| 580 | |
* | | |
Fidelity Freedom Inc | |
Mutual Fund | |
| 35,457 | |
* | | |
Fidelity Freedom 2010 | |
Mutual Fund | |
| 625,020 | |
* | | |
Fidelity Freedom 2020 | |
Mutual Fund | |
| 2,762,704 | |
* | | |
Fidelity Freedom 2030 | |
Mutual Fund | |
| 2,848,915 | |
* | | |
Fidelity Ext Market Inx | |
Mutual Fund | |
| 657,413 | |
* | | |
Fidelity International Index | |
Mutual Fund | |
| 406,367 | |
* | | |
Fidelity 500 Index | |
Mutual Fund | |
| 2,293,846 | |
* | | |
Fidelity Freedom 2040 | |
Mutual Fund | |
| 1,899,251 | |
* | | |
Fidelity Freedom 2005 | |
Mutual Fund | |
| 103,780 | |
* | | |
Fidelity Freedom 2015 | |
Mutual Fund | |
| 2,626,398 | |
* | | |
Fidelity Freedom 2025 | |
Mutual Fund | |
| 2,061,475 | |
* | | |
Fidelity Freedom 2035 | |
Mutual Fund | |
| 2,319,768 | |
* | | |
Fidelity Freedom 2045 | |
Mutual Fund | |
| 1,316,527 | |
* | | |
Fidelity Freedom 2050 | |
Mutual Fund | |
| 679,650 | |
* | | |
Fidelity US Bond IDX Adv | |
Mutual Fund | |
| 467,439 | |
* | | |
Fidelity Freedom 2055 | |
Mutual Fund | |
| 410,480 | |
* | | |
Fidelity Freedom 2060 | |
Mutual Fund | |
| 209,805 | |
* | | |
Fidelity Freedom 2065 | |
Mutual Fund | |
| 45,584 | |
| | |
Fidelity Stable Value Fund | |
Collective trust | |
| 1,977,028 | |
* | | |
Notes receivable – participants(a) | |
4.5% - 5.0% | |
| 599,884 | |
| | |
| |
| |
$ | 34,211,882 | |
* |
Party-in-interest, as defined by ERISA |
(a) |
Participant notes receivable mature from January 2023 through November 2027. |
EXHIBIT INDEX
SIGNATURE
Pursuant to the requirements of the Securities
Exchange Act of 1934, a trustee of the below named employee benefit plan has duly caused this annual report to be signed on its behalf
by the undersigned hereunto duly authorized.
Enzo Biochem, Inc. Salary Reduction Profit Sharing Plan
Date: June 29, 2023 |
|
|
|
/s/ Patricia Eckert |
|
By: Patricia Eckert |
|
Trustee |
|
12
Exhibit 23.1
CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM
We consent to the incorporation by reference
in the Registration Statement of Enzo Biochem, Inc. on Form S-8 (No. 333-197028 and 333-236958) of our report dated June 29, 2023 on
our audits of the financial statements of the Enzo Biochem, Inc. Salary Reduction Profit Sharing Plan as of December 31, 2022 and 2021
and for the year ended December 31, 2022 and supplemental schedule as of December 31, 2022, which report is included in this Annual Report
on Form 11-K to be filed on or about June 29, 2023.
/s/ EisnerAmper LLP
EISNERAMPER LLP
New York, New York
June 29, 2023
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