Item 1.02 Termination of a Material Definitive Agreement.
As previously disclosed, on May 17, 2022, BioSig Technologies, Inc. (the
"Company") entered into an ATM Sales Agreement (the "Sales Agreement") with
Virtu Americas LLC to act as the Company's sales agent or principal (the
"Agent"), with respect to the issuance and sale of up to $10,000,000 of the
Company's shares of common stock, par value $0.001 per share, from time to time
in an at-the-market public offering.
On November 30, 2022, the Company delivered written notice to the Agent to
terminate the Sales Agreement, effective December 1, 2022 pursuant to Section
13(b) of the Sales Agreement. The Company is not subject to any termination
penalties related to the termination of the Sales Agreement. Prior to
termination, approximately $7.8 million in shares of Common Stock remained
available for sale under the Sales Agreement.
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 on May 17, 2022.
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