8-K/A

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

FORM 8-K/A

CURRENT REPORT

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

March 24, 2023

Date of Report (Date of earliest event reported)

BIOAFFINITY TECHNOLOGIES, INC.

(Exact name of registrant as specified in its charter)

Delaware	001-41463	46-5211056
(State or other jurisdiction of incorporation)	(Commission File Number)	(I.R.S. Employer Identification Number)

22211 W Interstate 10

Suite 1206

San Antonio, Texas 78257

(210) 698-5334

(Address of principal executive offices and Registrant’s telephone number, including area code)

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 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 (§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 ☒

Title of each class	Trading Symbol(s)	Name of each exchange on which registered
Common Stock, par value $.007 per share	BIAF	The Nasdaq Stock Market LLC
Tradeable Warrants to purchase Common Stock	BIAFW	The Nasdaq Stock Market LLC

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. ☐

EXPLANATORY NOTE

This Current Report on Form 8-K/A (this “Amendment”) is being filed to amend the Current Report on Form 8-K filed by bioAffinity Technologies, Inc. (the “Company”) on March 24, 2023 (the “Original Form 8-K”). The purpose of this Amendment is to attach an updated press release as Exhibit 99.1, which corrects the URL for the Investor Relations section of the Company’s website. No other changes are being made to the Original Form 8-K or to the original press release attached thereto.

Item 8.01. Other Events.

Recent Press Release

On March 24, 2023, the Company issued a press release announcing that it will report its fourth-quarter financial results for the quarter ended December 31, 2022 after the market close on Friday, March 31, 2023. The Company also announced the details of a conference call scheduled for Monday, April 3, 2023, to discuss its fourth-quarter results. The press release is filed as Exhibit 99.1 to this Form 8-K and is incorporated herein by reference.

Item 9.01 Financial Statements and Exhibits.

(d) Exhibits.

Exhibit No.	Description
99.1	Press Release of bioAffinity Technologies, Inc., dated March 24, 2023.
104	Cover Page Interactive Data File (embedded within the Inline XBRL document)

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.

BIOAFFINITY TECHNOLOGIES, INC.
By:	/s/ Maria Zannes
	Maria Zannes
	President and Chief Executive Officer

Dated: March 24, 2023

EX-99.1

Exhibit 99.1

News Release

bioAffinity Technologies to Report Fourth Quarter 2022

Financial Results on March 31, 2023

Conference Call scheduled on April 3, 2023, at 9 a.m. Eastern time

SAN ANTONIO, Texas (March 24, 2023) – bioAffinity Technologies, Inc. (NASDAQ: BIAF; BIAFW) today announced it will report financial results for the three months ended December 31, 2022, on Friday, March 31, 2023, after the market close. The Company will host a conference call on Monday, April 3, 2023, at 9:00 a.m. Eastern time to discuss those results and answer questions.

Event:	bioAffinity Technologies Fourth Quarter 2022 Financial Results
Date:	Monday, April 3, 2023
Time:	9:00 a.m. EDT
Toll Free:	1-877-270-2148
International:	1-412-902-6510
Webcast:	Webcast link

A replay of the event will be available for 90 days at the webcast link above, which can also be found in the Investor Relations section of bioAffinity’s website at https://ir.bioaffinitytech.com/.

About bioAffinity Technologies, Inc.

bioAffinity Technologies, Inc. addresses the need for non-invasive diagnosis of early-stage cancer and diseases of the lung and targeted cancer treatment. The Company’s first product, CyPath® Lung, is a non-invasive test that has shown high sensitivity and specificity for the detection of early-stage lung cancer. CyPath® Lung is marketed as a Laboratory Developed Test (LDT) by Precision Pathology Services. OncoSelect Therapeutics, LLC, a subsidiary of bioAffinity Technologies, is advancing its discoveries shown in vitro to kill cancer cells without harm to normal cells. Research and optimization of the Company’s platform technologies are conducted in its laboratories at The University of Texas at San Antonio. For more information, visit www.bioaffinitytech.com.

Forward-Looking Statements

This press release contains forward-looking statements, including statements regarding the anticipated use of proceeds from the Company’s offering of common shares. Forward-looking statements can be identified by words such as “believes,” “expects,” “estimates,” “intends,” “may,” “plans,” “will” and similar expressions, or the negative of these words. Such forward-looking statements are based on facts and conditions as they exist at the time such statements are made and predictions as to future facts and conditions. Readers of this press release are cautioned not to place undue reliance on any forward-looking statements. The Company does not undertake any obligation to update any forward-looking statement relating to matters discussed in this press release, except as may be required by applicable securities laws.

Contacts

bioAffinity Technologies

Julie Anne Overton

Director of Communications

jao@bioaffinitytech.com

LHA Investor Relations

Tirth T. Patel

tpatel@lhai.com

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XML

Cover	Mar. 24, 2023
Document Type	8-K/A
Amendment Flag	true
Amendment Description	This Current Report on Form 8-K/A (this “Amendment”) is being filed to amend the Current Report on Form 8-K filed by bioAffinity Technologies, Inc. (the “Company”) on March 24, 2023 (the “Original Form 8-K”). The purpose of this Amendment is to attach an updated press release as Exhibit 99.1, which corrects the URL for the Investor Relations section of the Company’s website. No other changes are being made to the Original Form 8-K or to the original press release attached thereto.
Document Period End Date	Mar. 24, 2023
Entity File Number	001-41463
Entity Registrant Name	BIOAFFINITY TECHNOLOGIES, INC.
Entity Central Index Key	0001712762
Entity Tax Identification Number	46-5211056
Entity Incorporation, State or Country Code	DE
Entity Address, Address Line One	22211 W Interstate 10
Entity Address, Address Line Two	Suite 1206
Entity Address, City or Town	San Antonio
Entity Address, State or Province	TX
Entity Address, Postal Zip Code	78257
City Area Code	(210)
Local Phone Number	698-5334
Written Communications	false
Soliciting Material	false
Pre-commencement Tender Offer	false
Pre-commencement Issuer Tender Offer	false
Entity Emerging Growth Company	true
Elected Not To Use the Extended Transition Period	false
Common Stock, par value $.007 per share
Title of 12(b) Security	Common Stock, par value $.007 per share
Trading Symbol	BIAF
Security Exchange Name	NASDAQ
Tradeable Warrants to purchase Common Stock
Title of 12(b) Security	Tradeable Warrants to purchase Common Stock
Trading Symbol	BIAFW
Security Exchange Name	NASDAQ