Item 1.02 Termination of a Material Definitive Agreement.

As previously disclosed, on June 24, 2015, Bio-Path Holdings, Inc. (the "Company") entered into a Controlled Equity OfferingSM Sales Agreement (the "Sales Agreement") with Cantor Fitzgerald & Co. ("Cantor Fitzgerald"), pursuant to which the Company could offer and sell, at the Company's option, shares of its common stock, par value $0.001 per share ("Common Stock"), for aggregate gross sales proceeds of up to $25,000,000, from time to time, through an "at the market" equity offering program under which Cantor Fitzgerald acted as agent.

On July 2, 2020, the Company delivered written notice to Cantor Fitzgerald that it had elected, pursuant to Section 12(b) of the Sales Agreement, to terminate the Sales Agreement effective as of July 12, 2020, ten (10) days after delivery of the notice. The Company will not incur any material early termination penalties in connection with the termination of the Sales Agreement. The Company has not sold, and will not sell, any shares of Common Stock pursuant to the Sales Agreement.

A copy of the Sales Agreement was filed as Exhibit 1.1 to the Company's Current Report on Form 8-K filed with the Securities and Exchange Commission on June 25, 2015. The description of the Sales Agreement contained in this Current Report on Form 8-K does not purport to be complete and is qualified in its entirety by reference to the copy of the Sales Agreement filed as Exhibit 1.1 to the Current Report on Form 8-K filed on June 25, 2015.

© Edgar Online, source Glimpses