Evolus, Inc. Signs Material Definitive Agreement
Ticker: EOLS · Form: 8-K · Filed: Mar 13, 2024 · CIK: 1570562
Sentiment: neutral
Topics: material-agreement, filing
TL;DR
Evolus just signed a big deal, details to come.
AI Summary
Evolus, Inc. announced on March 11, 2024, that it entered into a material definitive agreement. The company, headquartered in Newport Beach, California, filed an 8-K report detailing this agreement. Specific terms and the counterparty to the agreement were not disclosed in the provided excerpt.
Why It Matters
This filing indicates a significant new contract or partnership for Evolus, Inc., which could impact its future business operations and financial performance.
Risk Assessment
Risk Level: medium — The filing indicates a material definitive agreement, which suggests a significant event, but the lack of specific details about the agreement introduces uncertainty.
Key Players & Entities
- Evolus, Inc. (company) — Registrant
- March 11, 2024 (date) — Date of earliest event reported
- Newport Beach, California (location) — Principal executive offices
FAQ
What is the nature of the material definitive agreement entered into by Evolus, Inc.?
The provided excerpt does not specify the nature of the material definitive agreement, only that one was entered into on March 11, 2024.
Who is the counterparty to the material definitive agreement?
The filing excerpt does not disclose the name of the other party involved in the material definitive agreement.
What is the effective date of the material definitive agreement?
The earliest event reported, which includes the entry into the material definitive agreement, is dated March 11, 2024.
Where are Evolus, Inc.'s principal executive offices located?
Evolus, Inc.'s principal executive offices are located at 520 Newport Center Drive, Suite 1200, Newport Beach, California 92660.
What is the SEC file number for Evolus, Inc.?
The SEC file number for Evolus, Inc. is 001-38381.
Filing Stats: 976 words · 4 min read · ~3 pages · Grade level 12.3 · Accepted 2024-03-13 16:59:57
Key Financial Figures
- $0.00001 — ich registered Common Stock, par value $0.00001 per share EOLS The Nasdaq Stock Market
- $14.07 — Stock"). The public offering price was $14.07 per share, and the Underwriters agreed
- $13.2258 — he Underwriting Agreement at a price of $13.2258 per share (the "Purchase Price"). In ad
- $46.9 million — ed offering expenses, are approximately $46.9 million (which may increase to approximately $5
- $54.1 million — on (which may increase to approximately $54.1 million if the Underwriters exercise the Option
Filing Documents
- eols-20240311.htm (8-K) — 30KB
- exhibit11-8xk.htm (EX-1.1) — 317KB
- exhibit51-8xk.htm (EX-5.1) — 13KB
- omelvenylogoa.jpg (GRAPHIC) — 64KB
- 0001570562-24-000049.txt ( ) — 633KB
- eols-20240311.xsd (EX-101.SCH) — 2KB
- eols-20240311_lab.xml (EX-101.LAB) — 21KB
- eols-20240311_pre.xml (EX-101.PRE) — 12KB
- eols-20240311_htm.xml (XML) — 3KB
01 Entry into a Material Definitive Agreement
Item 1.01 Entry into a Material Definitive Agreement. On March 11, 2024, Evolus, Inc., a Delaware corporation (the "Company"), entered into an underwriting agreement (the "Underwriting Agreement") with Leerink Partners, LLC and Stifel, Nicolaus & Company, Incorporated as representatives of the underwriters named in Schedule A thereto (together, the "Underwriters"), in connection with the underwritten public offering, issuance and sale by the Company (the "Offering") of 3,554,000 shares (the "Firm Shares") of the Company's common stock, par value $0.00001 per share (the "Common Stock"). The public offering price was $14.07 per share, and the Underwriters agreed to purchase the Firm Shares pursuant to the Underwriting Agreement at a price of $13.2258 per share (the "Purchase Price"). In addition, pursuant to the Underwriting Agreement, the Company granted the Underwriters an option (the "Option"), exercisable for 30 days, to purchase up to 533,100 additional shares of Common Stock at the Purchase Price. On March 13, 2024, the Company completed the Offering by selling the Firm Shares to the Underwriters at the Purchase Price. The estimated net proceeds to the Company from the Offering, after deducting the Underwriters' discounts and commissions and the Company's estimated offering expenses, are approximately $46.9 million (which may increase to approximately $54.1 million if the Underwriters exercise the Option in full). The Company currently plans to use the net proceeds from the Offering to continue to fund the growth of Jeuveau , launch activities for Evolysse, potential business development opportunities and general corporate purposes. The Offering was made pursuant to the Company's (i) effective registration statement on Form S-3, as amended (File No. 333-270370), previously filed with and declared effective by the Securities and Exchange Commission (the "SEC") on June 7, 2023 and declared effective June 8, 2023. A prospectus supplement relating to the Offer
01 Financial Statements and Exhibits
Item 9.01 Financial Statements and Exhibits. (d) Exhibits. Exhibit Number Description 1.1 Underwriting Agreement, dated March 11, 2024, by and between Evolus, Inc. and Leerink Partners, LLC and Stifel, Nicolaus & Company, Incorporated. 5.1 Opinion of O'Melveny & Myers LLP. 23.1 Consent of O'Melveny & Myers LLP (included in Opinion of O'Melveny & Myers LLP filed as Exhibit 5.1). 104 Cover Page Interactive Data File (embedded within the Inline XBRL document)
SIGNATURES
SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. Evolus, Inc. Dated: March 13, 2024 /s/ David Moatazedi David Moatazedi President and Chief Executive Officer