UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 20549
FORM
CURRENT REPORT PURSUANT
TO SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934
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Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).
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 8.01 Other Events.
As previously disclosed in the Current Report on Form 8-K of Bio-Path Holdings, Inc. (the “Company”) filed on March 25, 2024, the Company entered into a securities purchase agreement (the “Purchase Agreement”) on March 25, 2024 with a certain institutional and accredited investor for the sale by the Company of 75,000 shares of the Company’s common stock, par value $0.001 per share (the “Common Stock”), at a purchase price of $3.99 per share (the “Registered Direct Offering”). In a concurrent private placement, the Company also agreed pursuant to the Purchase Agreement to issue to the investor in the Registered Direct Offering warrants to purchase up to 75,000 shares of Common Stock, which represent 100% of the number of shares of Common Stock purchased in the Registered Direct Offering, with an exercise price of $3.865 per share.
A copy of the legal opinion of Winstead PC relating to the legality of the issuance and sale of the shares of Common Stock in the Registered Direct Offering is filed herewith as Exhibit 5.1.
Item 9.01 Financial Statements and Exhibits.
(d) Exhibits.
Exhibit |
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5.1* | |||
23.1* | |||
104 | Cover Page Interactive Data File (embedded within the Inline XBRL document) | ||
* Filed herewith. | |||
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the Company has duly caused this Current Report to be signed on its behalf by the undersigned hereunto duly authorized.
| BIO-PATH HOLDINGS, INC. | |
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Dated: March 27, 2024 | By: | /s/ Peter H. Nielsen |
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| Peter H. Nielsen |
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| President and Chief Executive Officer |