Item 1.01 Entry into a Material Definitive Agreement.
On
The Company is not obligated to sell any shares under the ATM Agreement. Subject
to the terms and conditions of the ATM Agreement, Wainwright will use
commercially reasonable efforts consistent with its normal trading and sales
practices, applicable state and federal law, rules and regulations and the rules
of the Nasdaq Capital Market to sell shares from time to time based upon the
Company's instructions, including any price, time or size limits specified by
the Company. Under the ATM Agreement, Wainwright may sell shares by any method
deemed to be an "at the market" offering as defined in Rule 415 under the
Sales of shares of common stock under the ATM Agreement will be made pursuant to
the registration statement on Form S-3 (File No. 333-231537), which was declared
effective by the
The foregoing summary of the ATM Agreement does not purport to be complete and is qualified in its entirety by reference to the full text of the ATM Agreement, which is filed herewith as Exhibit 10.1.
This Current Report on Form 8-K shall not constitute an offer to sell or the solicitation of an offer to buy any shares under the ATM Agreement, nor shall there be any sale of such shares in any state in which such offer, solicitation or sale would be unlawful prior to registration or qualification under the securities laws of any such state.
A copy of the opinion of
Item 9.01 Financial Statements and Exhibits.
(d) Exhibits. Exhibit Number Description 5.1 Opinion ofWinstead PC 10.1 At-The-Market Offering Agreement, by and betweenBio-Path Holdings, Inc. andH.C. Wainwright & Co., LLC , datedJuly 13, 2020 23.1 Consent ofWinstead PC (included in Exhibit 5.1)
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