Ampio Pharmaceuticals Inc. filed SEC Form 8-K: Termination of a Material Definitive Agreement, Financial Statements and Exhibits
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Item 1.02. | Termination of a Material Definitive Agreement. |
On February 26, 2024, Ampio Pharmaceuticals, Inc. (the “Company”) provided a notice to H.C. Wainwright & Co., LLC to terminate that certain At The Marketing Offering Agreement, dated September 18, 2023, by and between the Company and H.C. Wainwright & Co., LLC (the “ATM Agreement”), establishing an at-the-market equity distribution program for the offer and sale from time to time shares of the Company’s common stock, par value $0.0001. In accordance with the ATM Agreement, the termination will be effective March 6, 2024.
In connection with the termination of the ATM Agreement, the Company filed on February 28, 2024 a post-effective amendment to its Registration Statement on Form S-3 (File No. 333-274558) to withdraw and remove from registration any and all Company securities that remain unsold or otherwise unissued under such Registration Statement, including shares of the Company’s common stock that were covered by the at-the-market offering agreement prospectus filed as part of the Registration Statement.
Item 9.01.Financial Statements and Exhibits.
Exhibit No.Description
104Cover Page Interactive Data File (embedded within the Inline XBRL document)
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
| AMPIO PHARMACEUTICALS, INC. |
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Date: February 28, 2024 | By: | /s/ Michael A. Martino |
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| Name: Michael A. Martino |
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| Title: Chief Executive Officer | |