UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

FORM 8-K/A

CURRENT REPORT

Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934.

Date of Report (Date of earliest event reported): May 21, 2018

BioVie Inc.
(Exact name of registrant as specified in its charter) 

         
Nevada   000-55292   46-2510769

(State or other jurisdiction

of incorporation)

 

(Commission

File Number)

 

(IRS Employer

Identification No.)

 

  100 Cummings Center, Suite 247-C
Beverly, MA 01915 		 
  (Address of principal executive offices, including zip code)  

 

    (312) 283-5793    
  (Registrant's Telephone Number, Including Area Code)  

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

 

¨ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

¨ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

  

Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (17 CFR §230.405) or Rule 12b-2 of the Securities Exchange Act of 1934 (17 CFR §240.12b-2).

 

Emerging growth company ☐

 

If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ☐

 

 
 

Explanatory Note

 

On May 25, 2018, BioVie Inc. (“BioVie” or the “Company”) filed a Current Report on Form 8-K (the “Prior Report”) reporting its entry into a promissory note. This Form 8-K/A is being filed solely to expand upon the description of the promissory note in the Prior Report.

 

Item 2.03 Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant.

On May 21, 2018, BioVie entered into a senior secured demand promissory note in the principal amount of $250,000 (the “Note”) in favor of a private investment fund that is unrelated to the Company or any of its officers or directors, and received funds in the same amount. The Note is payable within ten business days of demand by the holder and bears interest at an initial rate of 10% per annum, increasing to 14% per annum following maturity. BioVie has agreed to issue warrants to the holder of the Note, with 50% warrant coverage if BioVie and the holder enter into a subsequent financing, and 100% warrant coverage otherwise. BioVie may prepay the Note at any time.

 

 

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SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 

Dated: May 30, 2018       BIOVIE INC.  
         
        By:  

/s/ Jonathan Adams

 
            Jonathan Adams  
            Chief Executive Officer  
   
     
                   
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