UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM
CURRENT REPORT
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Securities Exchange Act of 1934
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Item 1.02 |
Termination of a Material Definitive Agreement. |
As previously disclosed, on September 15, 2022, BioSig Technologies, Inc. (the “Company”) entered into an At-The-Market Issuance Sales Agreement (the “Sales Agreement”) with Ascendiant Capital Markets, LLC to act as the Company’s sales agent or principal (the “Agent”), with respect to the issuance and sale of shares of common stock, par value $0.001 per share (the “Common Stock”) of the Company, from time to time in an at-the-market public offering, and filed a prospectus supplement and the accompanying prospectus relating to the at the market offering of $30,000,000 of shares of Common Stock pursuant to the Sales Agreement (the “ATM Prospectus”).
On November 1, 2023, the Company delivered written notice to the Agent to terminate the Sales Agreement, effective November 6, 2023, 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 $29.9 million in shares of Common Stock remained available for sale under the ATM Prospectus, and the Company had sold 289,114 shares of Common Stock at a weighted average offering price of $0.4657 per share between September 15, 2023, and October 31, 2023.
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 September 15, 2023.
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
BIOSIG TECHNOLOGIES, INC. |
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Date: November 2, 2023 |
By: /s/ Kenneth L. Londoner Name: Kenneth L. Londoner Title: Executive Chairman |