ABVC BioPharma Amends 8-K Filing for Material Agreement

TL;DR

**ABVC BioPharma just amended an 8-K, check for changes to a key agreement!**

AI Summary

ABVC BioPharma, Inc. filed an 8-K/A on January 17, 2024, to amend its previous 8-K filing from November 20, 2023. This amendment clarifies information related to a material definitive agreement and financial statements and exhibits. For investors, this means the company is providing updated or corrected details about a significant business deal, which could impact their understanding of the company's financial health or future prospects, making it crucial to review the specific changes.

Why It Matters

This amendment provides updated information on a material definitive agreement, which could alter investors' perception of ABVC BioPharma's financial position or strategic direction.

Risk Assessment

Risk Level: medium — Amendments to material agreements can sometimes signal changes in terms or conditions that could be either positive or negative for the company.

Analyst Insight

A smart investor would review the original 8-K from November 20, 2023, and then carefully compare it with this 8-K/A to identify the specific changes made to the material definitive agreement and financial statements, as these details could significantly impact the company's valuation or future outlook.

Key Players & Entities

• ABVC BIOPHARMA, INC. (company) — the registrant filing the 8-K/A
• 001-40700 (other) — Commission File Number for ABVC BIOPHARMA, INC.
• Nevada (other) — State of incorporation for ABVC BIOPHARMA, INC.
• January 17, 2024 (date) — Date of Report for the 8-K/A filing
• November 20, 2023 (date) — Date of earliest event reported in the original 8-K

FAQ

Key Financial Figures

• $0.001 — ch registered Common Stock, par value $0.001 per share ABVC The Nasdaq Stock Mar
• $1,200,000 — ertible note in the principal amount of $1,200,000 (the " Offering "), for a purchase pric
• $1,000,000 — " Offering "), for a purchase price of $1,000,000 (the " Note "), on November 17, 2023 (t
• $2 — n stock at an initial exercise price of $2 per share, subject to adjustment. The
• $2.00 — stock, at an initial exercise price of $2.00 per share, subject to adjustment (the "
• $3.50 — tes is intended to be the lesser of (i) $3.50 (the " Fixed Price ") and (ii) 90% of t

Filing Documents

• ea191466-8ka1_abvcbio.htm (8-K/A) — 33KB
• ea191466ex10-2_abvcbio.htm (EX-10.2) — 16KB
• 0001213900-24-004199.txt ( ) — 224KB
• abvc-20231120.xsd (EX-101.SCH) — 3KB
• abvc-20231120_lab.xml (EX-101.LAB) — 33KB
• abvc-20231120_pre.xml (EX-101.PRE) — 22KB
• ea191466-8ka1_abvcbio_htm.xml (XML) — 3KB

01 Entry into a Material Definitive

Item 1.01 Entry into a Material Definitive Agreement. On November 20, 2023, ABVC BioPharma, Inc. (the " Company ") reported in the initial Current Report on Form 8-K that it entered into a securities purchase agreement (the " Securities Purchase Agreement ") with Lind Global Fund II, LP (" Lind "), pursuant to which the Company issued Lind a secured, convertible note in the principal amount of $1,200,000 (the " Offering "), for a purchase price of $1,000,000 (the " Note "), on November 17, 2023 (the "Initial 8K"). Pursuant to the Offering, Lind also received a 5-year, common stock purchase warrant (the " Warrant ") to purchase up to 1,000,000 shares of the Company's common stock at an initial exercise price of $2 per share, subject to adjustment. The Initial 8K further noted that Allele Capital Partners, LLC (" Allele ") together with its executing broker dealer, Wilmington Capital Securities, LLC (together with its affiliates, " Wilmington "), served as the exclusive placement agent (the " Placement Agent ") of the Offering and that the Company agreed to pay certain expenses of the placement agent in connection with the Offering. We are filing this amendment to disclose the following: Placement Agent Warrants: that the Company also issued Allele warrants to purchase up to 30,000 shares of our common stock, at an initial exercise price of $2.00 per share, subject to adjustment (the "PA Warrants"). The PA Warrants shall be in substantially the same form as the Warrants issued to the investors in the Offering. Conversion Price: The Conversion Price of the Notes is intended to be the lesser of (i) $3.50 (the " Fixed Price ") and (ii) 90% of the average of the three lowest VWAPs during the 20 trading days prior to conversion (" Variable Price "), and shall be subject to adjustment as provided herein. Notwithstanding the foregoing, provided that no Event of Default shall have occurred, conversions hereunder shall be at the Fixed Price for the first one hundred eig

01 Financial Statements and Exhibits

Item 9.01 Financial Statements and Exhibits. (d) Exhibits. Exhibit Number Exhibit 10.1 Form of Warrant (incorporated by reference to Exhibit 10.3 of the 8K filed on November 20, 2023) 10.2 Form of Amendment 104 Cover Page Interactive Data File (embedded within the Inline XBRL document) 2 SIGNATURE Pursuant to the requirements of the Securities and Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. ABVC BioPharma, Inc. January 17, 2024 By: /s/ Uttam Patil Uttam Patil Chief Executive Officer 3

View Full Filing

View this 8-K/A filing on SEC EDGAR