Monksdream
1 year ago
Item 8.01. Other Events
As previously disclosed, on May 20, 2022, Avinger, Inc., (the โCompanyโ), entered into an At the Market Offering Agreement (the โATM Agreementโ) with H.C. Wainwright & Co., LLC (the โAgentโ), as sales agent, pursuant to which the Company may offer and sell shares of the Companyโs common stock, par value $0.001 per share (the โSharesโ), initially up to an aggregate offering price of $7,000,000, from time to time in an at-the-market public offering. On August 3, 2022, the Company determined to suspend sales under the ATM Agreement and terminated the continuous offering of the initial aggregate offering price of $7,000,000. In March 2023, the Company determined to resume sales under the ATM Agreement, up to an aggregate offering price of $1,149,028 and on September 18, 2023, the Company increased the amount available for sale by up to an additional aggregate offering price of $2,133,181.
The Company has determined to increase the amount available for sale under the ATM Agreement, up to an additional aggregate offering price of $1,074,690. The Shares sold under the ATM Agreement will be offered and sold pursuant to the Companyโs shelf registration statement on Form S-3 (Registration No. 333-263922), which was initially filed with the Securities and Exchange Commission (the โSECโ) on March 29, 2022 and declared effective on April 7, 2022, and a prospectus supplement and the accompanying prospectus relating to the at-the-market offering filed with the SEC on September 20, 2023.
Because there is no minimum offering amount required pursuant to the ATM Agreement, the total number of Shares to be sold under the ATM agreement, if any, and proceeds to the Company, if any, are not determinable at this time. The Company expects to use any net proceeds for primarily for working capital and general corporate purposes, which may include research and development of the Companyโs Lumivascular platform products, preclinical and clinical trials and studies, regulatory submissions, expansion of its sales and marketing organizations and efforts, intellectual property protection and enforcement and capital expenditures. The Company has not yet determined the amount of net proceeds to be used specifically for any particular purpose or the timing of these expenditures. The Company may use a portion of the net proceeds to acquire complementary products, technologies or businesses or to repay principal on its debt; however, it currently has no binding agreements or commitments to complete any such transactions or to make any such principal repayments from the proceeds of this offering, although it does look for such acquisition opportunities. Accordingly, the Companyโs management will have significant discretion and flexibility in applying the net proceeds from the sale of these securities