ProPhase Labs, Inc 8-K, filed Dec 16, 2020
ProPhase Labs, Inc. (PRPH)
About this 8-K
ProPhase Labs, Inc filed this 8-K on December 16, 2020.
Items reported
- Item 1.02: Ended a material agreement
UNITEDSTATES
SECURITIESAND EXCHANGE COMMISSION
Washington,D.C. 20549
FORM8-K
CURRENTREPORT
Pursuantto Section 13 or 15(d) of
TheSecurities Exchange Act of 1934
Date of Report (Date of earliest event reported): December 16, 2020
PROPHASELABS, INC.
(Exact name of Company as specified in its charter)
| Delaware | 000-21617 | 23-2577138 |
|---|---|---|
| (State<br> or other<br><br> <br>jurisdiction<br> of incorporation) | (Commission<br><br> <br>File<br> Number) | (I.R.S.<br> Employer<br><br> <br>Identification<br> No.) |
| 621 N. Shady Retreat Road<br><br> <br>Doylestown, PA | 18901 | |
| --- | --- | |
| (Address<br> of principal executive offices) | (Zip<br> Code) |
Company’s telephone number, including area code: (215) 345-0919
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the Company under any of the following provisions (see General Instruction A.2. below):
| [ ] | Written<br> communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
|---|---|
| [ ] | Soliciting<br> material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
| [ ] | Pre-commencement<br> communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
| [ ] | Pre-commencement<br> communications 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 Exchange Act:
| Title<br> of Each Class | Trading<br> Symbol | Name<br> of Each Exchange on Which Registered |
|---|---|---|
| Common<br> Stock, par value $0.0005 | PRPH | Nasdaq<br> Capital Market |
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. [ ]
Item1.02. Termination of a Material Definitive Agreement.
On December 16, 2020, ProPhase Labs, Inc. (the “Company”) gave notice to A.G.P./Alliance Global Partners (“AGP”) of its election to terminate the Sales Agreement, dated September 23, 2020, by and between the Company and AGP (the “Sales Agreement”). Pursuant to such notice, the Sales Agreement will terminate effective as of 5:00 p.m. (Eastern time) on Monday, December 21, 2020.
Pursuant to the Sales Agreement and the Prospectus Supplement dated September 23, 2020, the Company was entitled to offer and sell, from time to time through AGP, up to $11,343,248 shares of its common stock, par value $0.0005 per share, in an “at-the-market” offering program (the “ATM Program”). No sales have been made under the ATM Program.
Pursuant to the requirements of the Securities Exchange Act of 1934, the Company has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
| ProPhase Labs, Inc. | |
|---|---|
| By: | /s/ Monica Brady |
| Monica<br> Brady | |
| Chief<br> Financial Officer |
Date: December 16, 2020