APPLIED GENETIC TECHNOLOGIES CORP: Entry into Material Definitive Agreement, Other Events, Financial Statements and Exhibits (Form 8-K)
Section 1.01 Entry into Material Definitive Agreement.
The Offer has been made pursuant to the Company’s shelf registration statement on Form S-3 (No. 333-255008) filed with the
Wainwright acted as sole bookrunner for the Offer. The Company paid Wainwright an underwriting discount equal to 6.0% of the gross proceeds of the offering and reimbursed Wainwright for a non-accounting expense allowance of
The Company has made certain customary representations, warranties and covenants in the Company Underwriting Agreement, the Registration Statement and the Offer. The Company has agreed to indemnify the Underwriters against certain liabilities, including liabilities under the Securities Act of 1933, as amended. The representations, warranties and covenants contained in the Underwriting Agreement were made solely for the purposes of this Agreement and on specific dates and were solely for the benefit of the parties to this Agreement.
The foregoing description of the terms of the Subscription Agreement is qualified in its entirety by reference to the Subscription Agreement, which is attached as Schedule 1.1 hereto and incorporated by reference herein. The form of the Common Warrant and the Prefunded Warrant is attached hereto as Exhibits 4.1 and 4.2 respectively, and the description of the terms of the Common Warrants and the Prefunded Warrants is qualified in its entirety by reference to these parts.
The legal opinion of
Section 8.01 Other Events.
Item 9.01 Financial statements and supporting documents.
(d) Exhibits Exhibit No. Description 1.1 Underwriting Agreement, dated
July 12, 2022, by and between Applied Genetic Technologies Corporationand H.C. Wainwright & Co., LLC4.1 Form of Common Warrant 4.2 Form of Pre-Funded Warrant 5.1 Opinion of Foley Hoag LLP23.1 Consent of Foley Hoag LLP(included in Exhibit 5.1) 99.1 Press release issued by Applied Genetic Technologies Corporationon July 12, 2022announcing the commencement of the Offering 99.2 Press release issued by Applied Genetic Technologies Corporationon July 12, 2022announcing the pricing of the Offering 104 Cover Page Interactive Data File (embedded within the Inline XBRL document) 3
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