Imunon Inc.

09/03/2024 | Press release | Distributed by Public on 09/03/2024 06:11

Material Event Form 8 K

Item 8.01 Other Events.

As previously announced, on July 30, 2024, Imunon, Inc. (the "Company") notified H.C. Wainwright & Co., LLC ("Wainwright") that it was suspending its use of and terminating the sales agreement prospectus (the "ATM Prospectus"), related to the potential issuance from time to time of the Company's common stock pursuant to the At the Market Offering Agreement, dated as of May 25, 2022, as amended by Amendment No. 1 to At the Market Offering Agreement, dated as of May 15, 2024, by and between the Company and Wainwright (as amended, the "ATM Agreement"). Other than the termination of the ATM Prospectus, the ATM Agreement remained in full force and effect.

On September 3, 2024, in connection with the Company's intent to resume sales of its securities (the "ATM Shares") under the ATM Agreement, the Company filed a new prospectus supplement to its registration statement on Form S-3 (File No. 333-279425), which registration statement was previously filed with and declared effective by the Securities and Exchange Commission under the Securities Act of 1933, as amended.

In connection with the resumption of sales of its securities under the ATM Agreement, the Company is filing a legal opinion of its counsel, Covington & Burling LLP, regarding the validity of the ATM Shares, which opinion is attached as Exhibit 5.1 to this Current Report on Form 8-K.