Vaxart Inc.

10/08/2024 | Press release | Distributed by Public on 10/08/2024 14:07

Termination of Material Agreement Form 8 K

Item 1.02.
Termination of a Material Definitive Agreement.
As previously disclosed, Vaxart, Inc. (the "Company") is a party to the Controlled Equity OfferingSM Sales Agreement (the "Sales Agreement"), dated September 15, 2021, with Cantor Fitzgerald & Co. and B. Riley Securities, Inc. (together, the "Sales Agents"), pursuant to which the Company was able sell shares of common stock in sales deemed to be an "at the market offering" as defined in Rule 415 promulgated under the Securities Act of 1933, as amended. On October 8, 2024, the Company provided notice to the Sales Agents to terminate the Sales Agreement, effective October 18, 2024. The Company will not incur any termination penalties as a result of the termination of the Sales Agreement.
Following such termination, the Company may not offer or sell any additional shares of its common stock under the Sales Agreement or the related prospectus and prospectus supplement. From September 15, 2021 to October 8, 2024, the Company sold 17,501,561 shares of common stock for aggregate gross proceeds of approximately $28.6 million pursuant to the Sales Agreement. The Company does not intend to issue or sell any additional shares of common stock under the Sales Agreement prior to its termination.
The foregoing description of the Sales Agreement is not complete and is qualified in its entirety by reference to the full text of the Sales Agreement, a copy of which was filed as Exhibit 1.1 to the Company's Current Report on Form 8-K filed with the U.S. Securities and Exchange Commission on September 16, 2021, and incorporated herein by reference.