Petvivo Holdings, Inc. (PETV) and ThinkEquity, LLC mutually agreed to terminate the ATM Sales Agreement, dated as of August 23, 2023 (the “ATM Agreement”) between the Company and with ThinkEquity LLC (the “Agent”), effective as of March 7, 2024. Subject to the terms and conditions of the ATM Agreement, the Company could from time to time offer and sell shares of the Company’s common stock having an aggregate offering price of up to $2,500,000 through the Agent in “at-the-market offerings” as defined in Rule 415 of the Securities Act of 1933, as amended. Prior to termination, the Company issued and sold 674,000 shares of its common stock under the ATM Agreement, raising net proceeds of $959,033.
The foregoing description of the ATM Agreement is not complete and is qualified in its entirety by reference to the full text of the ATM Agreement, a copy of which was filed as Exhibit 10.1 to the Company’s Current Report on Form 8-K (File No. 001-40715) filed with the Securities and Exchange Commission on August 23, 2023 and incorporated here by reference.