Avenue Therapeutics Files 8-K on Shareholder Vote Submission

TL;DR

**ATXI just filed an 8-K about a shareholder vote, signaling potential big changes ahead.**

AI Summary

Avenue Therapeutics, Inc. filed an 8-K on January 12, 2024, reporting an event that occurred on January 9, 2024, related to the submission of matters to a vote of security holders. This filing indicates that the company is engaging with its shareholders on important corporate decisions, which could impact the company's future direction or capital structure. For investors, this matters because shareholder votes often concern significant actions like mergers, stock issuances, or changes to company bylaws, all of which can directly affect the value and ownership structure of their ATXI stock.

Why It Matters

This filing signals that Avenue Therapeutics is putting key decisions before its shareholders, which could lead to changes impacting the company's operations or stock value.

Risk Assessment

Risk Level: medium — The filing itself is administrative, but the underlying shareholder vote could involve high-impact decisions, introducing uncertainty.

Analyst Insight

A smart investor would monitor subsequent filings from Avenue Therapeutics, Inc. (ATXI) to understand the specific proposals submitted for shareholder vote and their potential impact on the company's future and stock value.

Key Players & Entities

• Avenue Therapeutics, Inc. (company) — the registrant filing the 8-K
• Delaware (company) — state of incorporation for Avenue Therapeutics, Inc.
• Nasdaq Capital Market (company) — exchange where Avenue Therapeutics, Inc. Common Stock is traded
• ATXI (company) — trading symbol for Avenue Therapeutics, Inc. Common Stock

Forward-Looking Statements

• Avenue Therapeutics, Inc. will disclose the specific matters voted upon by security holders in a subsequent filing. (Avenue Therapeutics, Inc.) — high confidence, target: 2024-03-31

FAQ

Key Financial Figures

• $0.0001 — rized shares of common stock, par value $0.0001 per share (" Common Stock "), from 75,0

Filing Documents

• tm243128d1_8k.htm (8-K) — 24KB
• 0001104659-24-003470.txt ( ) — 192KB
• atxi-20240109.xsd (EX-101.SCH) — 3KB
• atxi-20240109_lab.xml (EX-101.LAB) — 33KB
• atxi-20240109_pre.xml (EX-101.PRE) — 22KB
• tm243128d1_8k_htm.xml (XML) — 3KB

07. Submission of Matters to a Vote of Security Holders

Item 5.07. Submission of Matters to a Vote of Security Holders. Effective January 9, 2024, the holders of a majority of the voting power of the capital stock of Avenue Therapeutics, Inc. (the " Company ") executed a written consent (i) approving an increase in the number of the Company's authorized shares of common stock, par value $0.0001 per share (" Common Stock "), from 75,000,000 to 200,000,000 (the " Authorized Share Increase ") through the filing of an amendment (the " Amendment ") to the Company's Third Amended and Restated Certificate of Incorporation with the Secretary of State of the State of Delaware and (ii) authorizing, for purposes of complying with Nasdaq Listing Rule 5635(d), the issuance of shares of Common Stock underlying warrants issued by the Company pursuant to those previously disclosed inducement letter agreements, dated as of January 5, 2024, by and between the Company and the investors named on the signature pages thereto, in an amount equal to or in excess of 20% of the number of shares of Common Stock outstanding immediately prior to the issuance of such warrants (the " Share Issuance "). The written consent was signed by the holders of 3,133,886 shares of the Common Stock and 250,000 shares of the Company's Class A Preferred Stock. Each share of Common Stock entitles the holder thereof to one vote on all matters submitted to stockholders and each share of Class A Preferred Stock has the voting power of 1.1 times (A) the number of outstanding shares of Common Stock plus (B) the whole shares of Common Stock into which the outstanding shares of Class A Preferred Stock are convertible, divided by the number of outstanding shares of Class A Preferred Stock, or 164.2 votes per share as of January 9, 2024. Accordingly, the holders of approximately 56.4% of the voting power of the Company's capital stock as of January 9, 2024 signed the written consent approving the Authorized Share Increase, the Share Issuance and the Amendment. The Board al

SIGNATURES

SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. AVENUE THERAPEUTICS, INC. (Registrant) Date: January 12, 2024 By: /s/ David Jin David Jin Interim Principal Financial Officer and Chief Operating Officer

View Full Filing

View this 8-K filing on SEC EDGAR