Nuwellis Inc.
07/03/2024 | Press release | Distributed by Public on 07/03/2024 14:31
Termination of Material Agreement Form 8 K
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Item 1.02.
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Termination of a Material Definitive Agreement.
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On July 1, 2024, Nuwellis, Inc. (the "Company") delivered notice to Ladenburg Thalmann & Co. Inc. (the "Manager") to terminate its At The Market Offering Agreement, dated March 3, 2023 (the "ATM Agreement"). Termination of the ATM Agreement is effective July 9, 2024, pursuant to Section 8(a) of the ATM Agreement.
Pursuant to the terms of the ATM Agreement, the Company could issue and sell, from time to time through or to the Manager, shares of its common stock as set forth in the ATM Agreement, subject to the limitations of Instruction I.B.6 of Form S-3. As a result of the termination of the ATM Agreement, the Company will not issue or sell any additional shares of common stock under the ATM Agreement.
The foregoing description of the ATM Agreement is not complete and is qualified in its entirety by reference to the full text of the ATM Agreement, a copy of which was filed as Exhibit 1.1 to the Company's Annual Report on Form 10-K filed with the Securities and Exchange Commission on March 3, 2023 and incorporated here by reference.