Report of Foreign Issuer (6-k)
September 22 2020 - 6:01AM
Edgar (US Regulatory)
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 6-K
REPORT OF FOREIGN PRIVATE ISSUER
PURSUANT TO RULE 13a-16 OR 15d-16
UNDER THE SECURITIES EXCHANGE ACT OF 1934
For the Month of September 2020
Commission File Number: 001-38281
ERYTECH Pharma S.A.
(Translation of registrants name into English)
60 Avenue Rockefeller
69008 Lyon France
(Address of principal executive office)
Indicate by check mark whether the registrant
files or will file annual reports under cover of Form 20-F or Form 40-F: ☒ Form
20-F ☐ Form 40-F
Indicate by check mark
if the registrant is submitting the Form 6-K in paper as permitted by Regulation S-T Rule 101(b)(1): ☐
Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by Regulation S-T Rule 101(b)(7): ☐
INCORPORATION BY REFERENCE
This Report on Form 6-K and Exhibit 99.2 to this Report on Form 6-K shall be
deemed to be incorporated by reference into the registration statement on Form F-3 (File No. 333-248953) and registration statements on Form S-8 (File Nos. 333-222673, 333-232670 and 333-239429), of ERYTECH Pharma S.A. (the
Company) (including any prospectuses forming a part of such registration statements) and to be a part thereof from the date on which this report is filed, to the extent not superseded by documents or reports subsequently filed or
furnished.
Business Update
On
September 21, 2020, the Company issued a press release announcing its business update and financial results for the first half of 2020. A copy of this press release is attached to this Report on
Form 6-K as Exhibit 99.1.
ATM Facility
On September 21, 2020, the Company entered into an sales agreement (the Sales Agreement) with Cowen and Company, LLC (Cowen),
pursuant to which the Company may issue and sell American Depositary Shares of the Company (the ADSs), each representing one fully paid ordinary share of the Company, 0.10 nominal value per share, having aggregate offering sales
proceeds of up to $30,000,000, from time to time, in an at-the-market (ATM) offering through Cowen acting as sales agent. The Company issued a press release announcing
its entry into the Sales Agreement with Cowen and establishment of the ATM facility. A copy of this press release is attached to this Form 6-K as Exhibit 99.2 and incorporated herein.
EXHIBIT LIST
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Exhibit
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Description
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99.1
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Press release dated September 21, 2020.
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99.2
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Press release dated September 21, 2020.
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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,
thereunto duly authorized.
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ERYTECH Pharma S.A.
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Date: September 21, 2020
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By:
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/s/ Eric Soyer
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Name: Eric Soyer
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Title: Chief Financial Officer and Chief Operating Officer
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