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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 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): June 26, 2023
 

 
astc20230623_8kimg001.jpg
 
 
Astrotech Corporation
 
(Exact Name of Registrant as Specified in Charter)
 

 
Delaware
 
001-34426
 
91-1273737
(State or Other Jurisdiction
of Incorporation)
 
(Commission
File Number)
 
(I.R.S. Employer
Identification No.)
   
2105 Donley Drive, Suite 100, Austin, Texas
 
78758
(Address of Principal Executive Offices)
 
(Zip Code)
 
(512) 485-9530
Registrants Telephone Number, Including Area Code
 
(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 (see General Instruction A.2. below):
 
 
Written communication 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 communication pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
   
 
 
Pre-commencement communication pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
 
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, $0.001 par value per share
 
ASTC
 
NASDAQ Stock Market, LLC
 
 
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. ☐
 
 

 
Item 1.02.         Termination of a Material Definitive Agreement.
 
On June 26, 2023, Astrotech Corporation (the “Company”) delivered notice to H.C. Wainwright & Co., LLC (“Wainwright”) to terminate its at-the-market offering agreement, dated as of June 16, 2023 (the “ATM Agreement”), with Wainwright. Termination of the ATM Agreement is effective June 27, 2023 pursuant to Section 8(a) of the ATM Agreement.
 
Pursuant to the terms of the ATM Agreement, the Company could offer and sell, from time to time through Wainwright, shares of the Company’s common stock, par value $0.001 per share (the “Common Stock”), having an aggregate offering price of up to $5,982,724. The Company is not subject to any termination penalties related to termination of the ATM Agreement. Prior to termination, the Company had not sold any shares of its Common Stock pursuant to the ATM Agreement.
 
A summary of the material terms and conditions of the ATM Agreement may be found in the Current Report on Form 8-K filed with the Securities and Exchange Commission by the Company on June 16, 2023, which summary is incorporated herein by reference.
 
 
 

 
 
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.
 
 
Astrotech Corporation
 
       
 
By:
/s/ Thomas B. Pickens III
 
 
Name:
Thomas B. Pickens III
 
 
Title:
Chief Executive Officer, Chief Technical Officer and Chairman of the Board
 
 
 
Date: June 27, 2023