13. Subsequent Events

On November 5, 2013, we filed a shelf registration statement on Form S-3 with the SEC, which was declared effective by the SEC on January 13, 2014. The shelf registration statement was filed to register the offering and sale of up to $100 million of our common stock, preferred stock, warrants to purchase common stock or preferred stock or any combination thereof, either individually or in units. This is expected to greatly simplify the raising of capital in the future and significantly reduce commission costs associated with raising capital.

In January of 2014 the Company sold 5 million shares of common stock with associated warrants to purchase additional shares of common stock to an institutional investor for $15 million.

In the first quarter of 2014, the Company entered into supply agreements with its drug substance and final drug product manufacturer for the manufacture of the Company’s drug substance and final drug product for delivery in mid-second quarter of 2014. The cost for both contracts is approximately $250,000, which is expected to be expensed in the second quarter of 2014. The product being manufactured with these agreements is intended to build drug product inventory for the anticipated Phase II clinical trial of the Company’s lead drug product candidate. The agreements call for the Company to pay amounts in various stages until the final drug product is manufactured, successfully tested and delivered to the Company.

On March 5, 2014, the Company announced that its shares of common stock have been approved for uplisting to the NASDAQ Capital Market. Effective Monday, March 10, 2014, the stock began trading on the NASDAQ Capital Market under the symbol BPTH. Bio-Path believes the uplisting will provide the Company with great visibility, marketability and liquidity and represents another important milestone for the Company.