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    SEC Form POS AM filed by Ampio Pharmaceuticals Inc.

    2/28/24 3:46:20 PM ET
    $AMPE
    Biotechnology: Pharmaceutical Preparations
    Health Care
    Get the next $AMPE alert in real time by email
    POS AM 1 tmb-20240228xposam.htm POS AM

    ​

    As filed with the Securities and Exchange Commission on February 28, 2024

    Registration No. 333- 274558

    UNITED STATES
    SECURITIES AND EXCHANGE COMMISSION
    WASHINGTON DC 20549

    POST EFFECTIVE AMENDMENT NO. 1 TO FORM S-3

    ​

    REGISTRATION STATEMENT
    UNDER THE SECURITIES ACT OF 1933

    Ampio Pharmaceuticals, Inc.

    (Exact name of registrant as specified in its charter)

    ​

    Delaware

    ​

    26-0179592

    (State or other jurisdiction of incorporation
    or organization)

    ​

    (I.R.S. Employer Identification Number)

    ​

    ​

    ​

    9800 Mount Pyramid Court, Suite 400
    Englewood, Colorado 80112
    (720) 437-6500

    (Address, including zip code, and telephone number,
    including area code, of registrant’s principal executive offices)

    ​

    ​

    ​

    Michael A. Martino
    Chief Executive Officer
    Ampio Pharmaceuticals, Inc.
    9800 Mount Pyramid Court, Suite 400
    Englewood, Colorado 80112
    (720) 437-6500
    (Address, including zip code, and telephone number
    including area code, of agent for service)

    ​

    Copies to:

    April Hamlin, Esq.
    Ballard Spahr LLP
    2000 IDS Center
    80 South 8th Street
    Minneapolis, MN 55402
    (612) 371-3211

    ​

    ​

    ​

    Approximate date of commencement of proposed sale to the public: This post-effective amendment is being filed to deregister the unsold securities previously registered under this Registration Statement.

    If the only securities being registered on this Form are being offered pursuant to dividend or interest reinvestment plans, please check the following box. ☐

    If any of the securities being registered on this Form are to be offered on a delayed or continuous basis pursuant to Rule 415 under the Securities Act of 1933, other than securities offered only in connection with dividend or interest reinvestment plans, check the following box. ☐

    If this Form is filed to register additional securities for an offering pursuant to Rule 462(b) under the Securities Act, please check the following box and list the Securities Act registration statement number of the earlier effective registration statement for the same offering. ☐

    If this Form is a post-effective amendment filed pursuant to Rule 462(c) under the Securities Act, check the following box and list the Securities Act registration statement number of the earlier effective registration statement for the same offering. ☐

    If this Form is a registration statement pursuant to General Instruction I.D. or a post-effective amendment thereto that shall become effective on filing with the Commission pursuant to Rule 462(e) under the Securities Act, check the following box. ☐

    If this Form is a post-effective amendment to a registration statement filed pursuant to General Instruction I.D. filed to register additional securities or additional classes of securities pursuant to Rule 413(b) under the Securities Act, check the following box. ☐

    ​


    ​

    Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer, a smaller reporting company or an emerging growth company. See the definitions of “large accelerated filer,” “accelerated filer,” “smaller reporting company” and “emerging growth company” in Rule 12b-2 of the Exchange Act:

    Large accelerated filer☐

    Accelerated filer ☐

    Non-accelerated filer☒

    Smaller reporting company ☒

    ​

    Emerging growth company ☐

    If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 7(a)(2)(B) of the Securities Act. ☐

    ​

    ​


    ​

    EXPLANATORY NOTE

    DEREGISTRATION OF SECURITIES

    This Post-Effective Amendment being filed by Ampio Pharmatcueticals, Inc. (the “Company”) relates to the Company’s Registration Statement on Form S-3 (File No. 333-274558) (the “Registration Statement”), originally filed by the Company with the Securities and Exchange Commission (“SEC”) on September 18, 2023 and declared effective by the SEC on September 27, 2023.

    ​

    The Company has terminated all offerings of its securities pursuant to the Registration Statement. In accordance with the undertakings made by the Company in the Registration Statement to remove from registration by means of a post-effective amendment any of the securities that remain unsold or unissued at the termination of the offering, the Company is filing this Post-Effective Amendment to the Registration Statement to withdraw and remove from registration any and all securities that remain unsold or otherwise unissued under the Registration Statement.

    ​

    ​

    ​


    ​

    SIGNATURES

    Pursuant to the requirements of the Securities Act of 1933, the registrant certifies that it has reasonable grounds to believe that it meets all of the requirements for filing on Form S-3 and has duly caused this Post-Effective Amendment to Registration Statement on Form S-3 to be signed on its behalf by the undersigned, thereunto duly authorized, in the City of Englewood, State of Colorado, on February 28, 2024.

    ​

    AMPIO PHARMACEUTICALS, INC.

    By: /s/ Michael A. Martino​ ​
    Michael A. Martino
    Chief Executive Officer

    ​


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