Attached files

file filename
EX-4.2 - EXHIBIT 4.2 WARRANT AGENCY AGREEMENT - ATOSSA THERAPEUTICS, INC.ex_216727.htm
EX-4.1 - EXHIBIT 4.1 FORM OF WARRANT - ATOSSA THERAPEUTICS, INC.ex_216707.htm
EX-3.1 - EXHIBIT 3.1 FORM OF CONVERTIBLE SERIES C PREFERRED STOCK - ATOSSA THERAPEUTICS, INC.ex_216706.htm

 

UNITED STATES SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, D.C. 20549

FORM 8-K

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

 

Date of Report (Date of Earliest Event Reported): December 8, 2020 (December 8, 2020)

 

Atossa Therapeutics, Inc.

(Exact name of registrant as specified in its charter)

 

Delaware

 

001-35610

 

26-4753208

(State or other jurisdiction of
incorporation)

 

(Commission File Number)

 

(I.R.S. Employer
Identification No.)

 

 

 

107 Spring Street

Seattle, Washington

 

98104

(Address of principal executive offices)

 

(Zip Code)

 

Registrant’s telephone number, including area code: (206) 325-6086

 

N/A
Former name or former address, if changed since last report

 

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 or Rule 12b-2 of the Securities Exchange Act of 1934 .

 

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. ☐

 

Securities registered pursuant to Section 12(b) of the Act:

 

Title of each class:

Trading Symbol(s):

Name of each exchange on which registered:

Common Stock, $0.18 par value

ATOS

Nasdaq Capital Market

 

 

 

Item 9.01.     Financial Statements and Exhibits.

 

(d) Exhibits

 

 

 

Exhibit No.

 

Description

3.1

  Form of Series C Convertible Preferred Stock

4.1

  Form of Common Stock Purchase Warrant

4.2

  Form of Warrant Agency Agreement

 

 

 

 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. 

 

 

 

 

 

Date: December 8, 2020

Atossa Therapeutics, Inc.

 

 

 

 

 

By:  

/s/ Kyle Guse 

 

 

 

Kyle Guse

 

 

 

Chief Financial Officer, General Counsel and Secretary