ABVC Biopharma Enters Material Definitive Agreement

TL;DR

ABVC Bio just signed a big deal, filing an 8-K with new agreements and financials.

AI Summary

On March 26, 2024, ABVC Biopharma, Inc. entered into a Material Definitive Agreement. The filing also includes financial statements and exhibits related to this agreement. The company is incorporated in Nevada and its principal business address is in Fremont, California.

Why It Matters

This filing indicates a significant new agreement for ABVC Biopharma, which could impact its future operations and financial performance.

Risk Assessment

Risk Level: medium — Material definitive agreements can introduce new risks and opportunities, requiring further analysis of the agreement's terms and implications.

Key Players & Entities

• ABVC BIOPHARMA, INC. (company) — Registrant
• March 26, 2024 (date) — Date of earliest event reported
• Nevada (jurisdiction) — State of incorporation
• 44370 Old Warm Springs Blvd. Fremont, CA 94538 (address) — Business address

FAQ

Key Financial Figures

• $0.001 — ch registered Common Stock, par value $0.001 per share ABVC The Nasdaq Stock Mar
• $33,500,000 — shall receive a total licensing fee of $33,500,000, composed of an upfront payment of $30,
• $30,000,000 — ,000, composed of an upfront payment of $30,000,000, which can instead be paid with 5 milli
• $6 — with 5 million shares of FEYE stock at $6/share within 30 days after the executio
• $3,500,000 — r the execution of the Agreement, and a $3,500,000 cash milestone payment, due 30 days upo

Filing Documents

• ea0202575-8k_abvcbio.htm (8-K) — 35KB
• ea020257501ex10-1_abvcbio.htm (EX-10.1) — 34KB
• ea020257501ex10-2_abvcbio.htm (EX-10.2) — 33KB
• ea020257501ex99-1_abvcbio.htm (EX-99.1) — 12KB
• ex99-1_001.jpg (GRAPHIC) — 2KB
• 0001213900-24-025793.txt ( ) — 305KB
• abvc-20240326.xsd (EX-101.SCH) — 3KB
• abvc-20240326_lab.xml (EX-101.LAB) — 33KB
• abvc-20240326_pre.xml (EX-101.PRE) — 22KB
• ea0202575-8k_abvcbio_htm.xml (XML) — 3KB

From the Filing

UNITED SECURITIES AND EXCHANGE COMMISSION Washington, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): March 26, 2024 ABVC BIOPHARMA, INC. (Exact name of registrant as specified in its charter) Nevada 001-40700 26-0014658 (State or other jurisdiction of incorporation) (Commission File Number) (IRS Employer Identification No.) 44370 Old Warm Springs Blvd. Fremont , CA 94538 (Address of principal executive offices) (Zip Code) Registrant's telephone number including area code: ( 510 ) 668-0881 (Former name or former address, if changed since last report) Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions: Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) Securities registered pursuant to Section 12(b) of the Act: Title of Each Class Trading Symbol Name of each exchange on which registered Common Stock, par value $0.001 per share ABVC The Nasdaq Stock Market LLC Indicate by check mark whether the registrant is an emerging growth company as defined in as defined in Rule 405 of the Securities Act of 1933 ( 230.405 of this chapter) or Rule 12b–2 of the Securities Exchange Act of 1934 ( 240.12b–2 of this chapter). 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 13(a) of the Exchange Act. Item 1.01 Entry into Material Definitive Agreements On March 25, 2024, the Company, and one of its co-development partners, BIOFIRST CORPORATION, a company registered in Taiwan (" BIOFIRST "), each entered into a twenty-year, global definitive licensing agreement (the " Licensing Agreement ") with ForSeeCon Eye Corporation, a company registered in the British Virgin Islands (" FEYE ") for the products in the Company and BIOFIRST's Ophthalmology pipeline, including Vitargus (the " Licensed Products "). The license covers the Licensed Products' clinical trial, registration, manufacturing, supply, and distribution rights; FEYE also has the rights to sublicense or partner with a third party to develop the Licensed Products. As per each of the respective Agreements, each of the Company and BIOFIRST shall receive a total licensing fee of $33,500,000, composed of an upfront payment of $30,000,000, which can instead be paid with 5 million shares of FEYE stock at $6/share within 30 days after the execution of the Agreement, and a $3,500,000 cash milestone payment, due 30 days upon completion of next round fundraising. Additionally, each of the Company and BIOFIRST are eligible to receive royalties of 5% of net Sales. The foregoing descriptions of the agreements are not complete and are qualified in their entirety by reference to the full text of the agreements, copies of which are attached as Exhibit 10.1 and 10.2 to this Current Report on Form 8-K and incorporated herein by reference. Item 9.01 Financial Statement and Exhibits (d) Exhibits Exhibit No. Description 10.1 Definitive License Agreement between the Company and ForSeeCon Eye Corporation 10.2 Definitive License Agreement between BIOFIRST CORPORATION and ForSeeCon Eye Corporation 99.1 Press Release 104 Cover Page Interactive Data File, formatted in Inline XBRL 1 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. March 26, 2024 By: /s/ Uttam Patil Uttam Patil Chief Executive Officer 2

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View this 8-K filing on SEC EDGAR