American Battery Technology (NASDAQ: ABAT) plans up to $50M ATM stock sales

Rhea-AI Filing Summary

American Battery Technology Company filed a prospectus supplement covering an at-the-market offering of its common stock with an aggregate offering price of up to $50,000,000. The company may sell shares from time to time through Virtu Americas LLC under an existing ATM Sales Agreement first entered on April 3, 2024. A legal opinion from Holland & Hart LLP on the validity of the shares is included as an exhibit, confirming the shares may be issued in accordance with the agreement and the supplement.

8-K Event Classification

2 items: 8.01, 9.01

2 items

Item 8.01 Other Events Other

Voluntary disclosure of events the company deems important to shareholders but not covered by other items.

Item 9.01 Financial Statements and Exhibits Exhibits

Financial statements, pro forma financial information, and exhibit attachments filed with this report.

Understanding 8-K Material Events →

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UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

FORM 8-K

CURRENT REPORT

PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934

Date of Report (Date of earliest event reported): September 19, 2025

AMERICAN BATTERY TECHNOLOGY COMPANY

(Exact name of registrant as specified in its charter)

Nevada		001-41811		33-1227980
(State or other jurisdiction of		(Commission		(IRS Employer
incorporation or organization)		File No.)		Identification Number)

100 Washington Street, Suite 100 Reno, NV		89503
(Address of principal executive offices)		(Zip Code)

(775) 473-4744

(Registrant’s telephone number including area code)

N/A

(Former name or former address, if changed since last report)

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))

Securities registered pursuant to Section 12(b) of the Act:

Title of Each Class		Trading Symbol(s)		Name of Each Exchange on Which Registered
Common Stock, $0.001 par value		ABAT		The Nasdaq Stock Market LLC

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, on April 3, 2024, American Battery Technology Company (the “Company”) entered into an ATM Sales Agreement (the “Sales Agreement”) with Virtu Americas LLC (the “Sales Agent”), pursuant to which the Company may offer and sell, from time to time through the Sales Agent, shares (the “Shares”) of the Company’s common stock, par value $0.001 per share, subject to the terms and conditions of the Sales Agreement.

On September 19, 2025, the Company filed a prospectus supplement to its registration statement on Form S-3 (File No. 333-276329) related to the offer and sale from time to time of the Shares having an aggregate offering price of up to $50,000,000. The foregoing description of the Sales Agreement is not complete and is qualified in its entirety by reference to the full text of such agreement, a copy of which was filed as Exhibit 10.1 to the Company’s Current Report on Form 8-K filed on April 3, 2024. The opinion of Holland & Hart LLP, the Company’s counsel, regarding the legality of the Shares that may be issued pursuant to the Prospectus Supplement and in accordance with the terms and conditions of the Sales Agreement is filed herewith as Exhibit 5.1 and is incorporated herein by reference.

This Current Report on Form 8-K shall not constitute an offer to sell or the solicitation of an offer to buy the Shares discussed herein, nor shall there be any offer, solicitation, or sale of the Shares in any state in which such offer, solicitation or sale would be unlawful prior to registration or qualification under the securities laws of any such state.

Item 9.01. Financial Statements and Exhibits.

(d) Exhibits

Exhibit No.		Description
5.1		Opinion of Holland & Hart LLP as to the legality of the Shares
23.1		Consent of Holland & Hart LLP (included in Exhibit 5.1)
104		Cover Page Interactive Data File (embedded within the Inline XBRL document)

SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

	AMERICAN BATTERY TECHNOLOGY COMPANY
Date: September 19, 2025	By:	/s/ Ryan Melsert
		Ryan Melsert
		Chief Executive Officer

FAQ

What did American Battery Technology Company (ABAT) disclose in this 8-K?

American Battery Technology Company disclosed that it filed a prospectus supplement to its Form S-3 registration statement to allow the sale, from time to time, of shares of its common stock under an existing at-the-market Sales Agreement with Virtu Americas LLC.

How much stock can ABAT sell under the updated at-the-market program?

The prospectus supplement relates to the offer and sale, from time to time, of ABAT common stock having an aggregate offering price of up to $50,000,000 under the at-the-market Sales Agreement.

Who is the sales agent for ABAT’s at-the-market offering?

Virtu Americas LLC is the sales agent under the ATM Sales Agreement through which American Battery Technology Company may offer and sell its common stock from time to time.

What legal opinion was filed with this ABAT 8-K?

The company filed an opinion from Holland & Hart LLP as Exhibit 5.1, addressing the legality of the shares that may be issued under the prospectus supplement and the terms of the Sales Agreement, along with a related consent as Exhibit 23.1.

Does this 8-K itself constitute an offer to sell ABAT shares?

No. The company states that this report does not constitute an offer to sell or the solicitation of an offer to buy the shares, and that any offer or sale would only occur where permitted by applicable securities laws.

When did ABAT enter into the ATM Sales Agreement with Virtu Americas LLC?

American Battery Technology Company previously entered into the ATM Sales Agreement with Virtu Americas LLC on April 3, 2024, and this filing references that existing agreement.