Avenue Therapeutics Enters Material Definitive Agreement

TL;DR

AVTX just signed a big deal, filing an 8-K to prove it.

AI Summary

Avenue Therapeutics, Inc. announced on May 10, 2024, that it entered into a Material Definitive Agreement. The company, incorporated in Delaware with its principal executive offices in Bay Harbor Islands, Florida, filed this 8-K report to disclose this significant event.

Why It Matters

This filing indicates a significant business development for Avenue Therapeutics, potentially impacting its operations, partnerships, or financial standing.

Risk Assessment

Risk Level: medium — Entering into a material definitive agreement can introduce new risks or opportunities, the specifics of which are not detailed in this initial filing.

Key Players & Entities

• Avenue Therapeutics, Inc. (company) — Registrant
• May 10, 2024 (date) — Date of earliest event reported
• Delaware (jurisdiction) — State of Incorporation
• Bay Harbor Islands, Florida (location) — Principal Executive Offices

FAQ

Key Financial Figures

• $0.0001 — , shares of its common stock, par value $0.0001 per share (the " Shares "), through or
• $3,850,000 — y may currently sell up to a maximum of $3,850,000 of its Shares under the Offering Agreem

Filing Documents

• atxi20240510_8k.htm (8-K) — 27KB
• ex_672055.htm (EX-1.1) — 183KB
• ex_671968.htm (EX-5.1) — 10KB
• 0001437749-24-016081.txt ( ) — 403KB
• atxi-20240510.xsd (EX-101.SCH) — 3KB
• atxi-20240510_def.xml (EX-101.DEF) — 11KB
• atxi-20240510_lab.xml (EX-101.LAB) — 15KB
• atxi-20240510_pre.xml (EX-101.PRE) — 11KB
• atxi20240510_8k_htm.xml (XML) — 3KB

01. Entry into a Material Definitive Agreement

Item 1.01. Entry into a Material Definitive Agreement. On May 10, 2024, Avenue Therapeutics, Inc. (the " Company ") entered into an At the Market Offering Agreement (the " Offering Agreement ") with H.C. Wainwright & Co. LLC (the " Manager ") under which the Company may offer and sell, from time to time at its sole discretion, shares of its common stock, par value $0.0001 per share (the " Shares "), through or to the Manager. The offer and sale of the Shares will be made pursuant to a previously filed shelf registration statement on Form S-3 (File No. 333-261520), originally filed with the Securities and Exchange Commission (the " SEC ") on December 7, 2021 and declared effective by the SEC on December 10, 2021, and the related prospectus supplement dated May 10, 2024 (the " Registration Statement ") and filed with the SEC on such date pursuant to Rule 424(b) under the Securities Act of 1933, as amended (the " Securities Act "). As a result of the application of General Instruction I.B.6. of Form S-3, the Company may currently sell up to a maximum of $3,850,000 of its Shares under the Offering Agreement. Under the Offering Agreement, the Manager may sell Shares by any method permitted by law deemed to be an "at the market offering" as defined in Rule 415(a)(4) under the Securities Act. The Manager will use commercially reasonable efforts to sell the Shares from time to time, based upon instructions from the Company (including any price, time or size limits or other customary parameters or conditions the Company may impose). The Company will pay the Manager a commission of 3.0% of the gross proceeds from the sales of Shares sold through the Manager under the Offering Agreement and has provided the Manager with customary indemnification and contribution rights. The Company will also reimburse the Manager for certain expenses incurred in connection with the Offering Agreement. The Company and the Manager may each terminate the Sales Agreement at any time upon specif

01. Financial Statements and Exhibits

Item 9.01. Financial Statements and Exhibits. (d) Exhibits EXHIBIT INDEX Exhibit No. Description 1.1 At the Market Offering Agreement, dated May 10, 2024, by and between Avenue Therapeutics, Inc. and H.C. Wainwright & Co., LLC 5.1 Opinion of Troutman Pepper Hamilton Sanders LLP 23.1 Consent of Troutman Pepper Hamilton Sanders LLP (contained in Exhibit 5.1). 104 Cover Page Interactive Data File (embedded within Inline XBRL document)

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: May 10, 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