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Aether Holdings (NASDAQ: ATHR) launches $10.99M at-the-market stock offering

Filing Impact
(Moderate)
Filing Sentiment
(Neutral)
Form Type
8-K

Rhea-AI Filing Summary

Aether Holdings, Inc. entered into an At The Market Offering Agreement with Rodman & Renshaw LLC, allowing it to offer and sell from time to time up to $10,998,532 of common stock through or to the sales agent as sales agent and/or principal. These shares are registered under an effective Form S-3 shelf registration, using a base prospectus and a June 25, 2026 prospectus supplement. The company is not required to sell any shares, and either party can terminate the agreement under specified notice terms. Aether intends to use any net proceeds as described in the prospectus supplement, and will pay the agent a commission of up to 3.0% of gross sales, plus certain expense reimbursements.

Positive

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Negative

  • None.
Item 1.01 Entry into a Material Definitive Agreement Business
The company signed a significant contract such as a merger agreement, credit facility, or major partnership.
Item 9.01 Financial Statements and Exhibits Exhibits
Financial statements, pro forma financial information, and exhibit attachments filed with this report.
ATM program size $10,998,532 Maximum aggregate amount of common stock that may be sold
Sales agent commission Up to 3.0% of gross proceeds Commission payable on shares sold under the Sales Agreement
Registration statement file number 333-296182 Form S-3 registration covering the offered shares
Registration effectiveness date June 2, 2026 Date Form S-3 was declared effective by the SEC
Sales Agreement date June 25, 2026 Date Aether entered the At The Market Offering Agreement
Termination notice period Ten business days Notice Aether must give to terminate the Sales Agreement
At The Market Offering Agreement financial
"entered into the At The Market Offering Agreement (the “Sales Agreement”), with Rodman & Renshaw LLC"
An at-the-market offering agreement is a contract that lets a company sell newly issued shares directly into the open market through a broker, at whatever price the stock is trading at that moment. For investors this matters because it can increase the number of shares available (which may dilute existing ownership) while providing a flexible, often faster way for the company to raise cash without fixing a price, similar to a vendor selling small batches at current market stalls rather than setting a single fixed price.
at the market offering financial
"sales deemed to be an “at the market offering” as defined in Rule 415(a)(4)"
An at-the-market offering is a way a company raises cash by selling newly issued shares directly into the open market at prevailing prices, rather than all at once in a single deal. Think of it like turning a faucet on to drip shares into trading at current prices when needed; it gives the company flexibility to raise funds over time but can dilute existing shareholders and potentially affect the stock price, which investors should monitor.
Registration Statement on Form S-3 regulatory
"pursuant to the Company’s Registration Statement on Form S-3 (File No. 333-296182)"
A registration statement on Form S‑3 is a short, standardized filing a qualified public company uses to register new securities with regulators so they can be sold to investors; think of it as a pre-approved, reusable permission slip that speeds up future offerings. It matters to investors because it lets the company raise money more quickly and cheaply — which can fund growth or pay debt — but may also lead to share dilution or change in ownership, so it affects value and liquidity.
prospectus supplement regulatory
"and a prospectus supplement that was filed with the SEC on June 25, 2026"
A prospectus supplement is an additional document provided alongside a company's main offering details, offering updated or extra information about a specific financial product being sold. It helps investors understand the latest terms, risks, and details of the investment, similar to how an update or revision clarifies or expands on original instructions, ensuring they have current and complete information before making a decision.
Plan of Distribution financial
"consistent with the “Plan of Distribution” section of the applicable prospectus supplement"
emerging growth company regulatory
"Emerging growth company"
An emerging growth company is a recently public or smaller public firm that qualifies for temporary, lighter regulatory and disclosure rules to reduce the cost and effort of being public. For investors, it means the company may provide less historical financial detail and face fewer reporting requirements than larger firms, so it can grow more quickly but also carries higher uncertainty—like buying a promising early-stage product with fewer user reviews.
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Learn about SEC filing dates
false 0002026353 0002026353 2026-06-25 2026-06-25 iso4217:USD xbrli:shares iso4217:USD xbrli:shares

 

 

 

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): June 25, 2026

 

Aether Holdings, Inc.

(Exact name of Registrant as Specified in Its Charter)

 

Delaware   001-42595   35-2818803
(State or Other Jurisdiction
of Incorporation)
  (Commission
File Number)
  (IRS Employer
Identification No.)

 

110 Charlton Street, Unit RET B    
New York, New York   10014
(Address of Principal Executive Offices)   (Zip Code)

 

Registrant’s Telephone Number, Including Area Code: (347) 726-8898

 

Not Applicable

(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:

 

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, par value $0.001 per share   ATHR   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 1.01 Entry Into a Material Definitive Agreement.

 

On June 25, 2026, Aether Holdings, Inc. (the “Company”) entered into the At The Market Offering Agreement (the “Sales Agreement”), with Rodman & Renshaw LLC (the “Sales Agent”), pursuant to which the Company may offer and sell from time to time up to $10,998,532 of shares of the Company’s common stock, par value $0.001 per share (the “Shares”), through or to the Sales Agent, as sales agent and/or principal. The offering and sale of the Shares has been registered under the Securities Act of 1933, as amended (the “Securities Act”), pursuant to the Company’s Registration Statement on Form S-3 (File No. 333-296182) (the “Registration Statement”), which was originally filed with the Securities and Exchange Commission (the “SEC”) on May 22, 2026 and declared effective by the SEC on June 2, 2026, the base prospectus contained within the Registration Statement, and a prospectus supplement that was filed with the SEC on June 25, 2026 (“Prospectus Supplement”). Investors should read the Registration Statement, the base prospectus and the Prospectus Supplement and all documents incorporated therein by reference.

 

Sales of the Shares, if any, pursuant to the Sales Agreement, may be made in sales deemed to be an “at the market offering” as defined in Rule 415(a)(4) promulgated under the Securities Act, including sales made directly on or through The Nasdaq Capital Market or on any other existing trading market for the Company’s common stock. The Sales Agent may also sell Shares in privately negotiated transactions with the Company’s consent or in block transactions, in each case as permitted by the Sales Agreement and consistent with the “Plan of Distribution” section of the applicable prospectus supplement. If the Company sells Shares to the Sales Agent as principal, the Company and the Sales Agent will enter into a separate terms agreement setting forth the terms of such sale.

 

The Company has no obligation to sell any of the Shares under the Sales Agreement, and may at any time suspend offers under the Sales Agreement. The Company may terminate the Sales Agreement upon ten business days’ prior written notice, and the Sales Agent may terminate the Sales Agreement at any time, in each case as set forth in the Sales Agreement. The Sales Agent will act as sales agent and will use commercially reasonable efforts to sell on the Company’s behalf all of the Shares requested to be sold by the Company, consistent with its normal trading and sales practices and applicable law and regulations, on mutually agreed terms between the Sales Agent and the Company (including any price or size limits or other customary parameters or conditions the Company may impose). The Company currently intends to use the net proceeds from the offering, if any, as described in the prospectus supplement.

 

The Sales Agreement contains customary representations, warranties and agreements by the Company, as well as indemnification obligations of the Company for certain liabilities under the Securities Act. Under the terms of the Sales Agreement, the Company will pay the Sales Agent a commission of up to 3.0% of the gross proceeds from sales of Shares sold pursuant to the Sales Agreement. In addition, the Company has agreed to reimburse certain expenses incurred by the Sales Agent in connection with the offering.

 

The Shares will be sold pursuant to the Registration Statement, and offerings of the Shares will be made only by means of the Prospectus Supplement and the accompanying base prospectus. This Current Report on Form 8-K shall not constitute an offer to sell or a solicitation of an offer to buy any securities, nor shall there be any sale of these securities in any state or jurisdiction in which such an offer, solicitation or sale would be unlawful prior to registration or qualification under the securities laws of any such state or other jurisdiction.

 

Venable LLP, counsel to the Company, has issued an opinion to the Company, dated June 25, 2026 regarding the validity of the Shares. A copy of the opinion is filed herewith as Exhibit 5.1.

 

The description of the material terms of the Sales Agreement is not intended to be complete and is qualified in its entirety by reference to the Sales Agreement, which is filed herewith as Exhibit 1.1 and incorporated herein by reference.

 

Item 9.01 Financial Statements and Exhibits.

 

(d) Exhibits

 

1.1   At The Market Offering Agreement, dated June 25, 2026, by and between Aether Holdings, Inc. and Rodman & Renshaw LLC.
5.1   Opinion of Venable LLP
23.1   Consent of Venable LLP (contained 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, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 

 

Aether Holdings, Inc.

     
Date: June 25, 2026 By: /s/ Nicolas Lin
    Nicolas Lin
    Chief Executive Officer

 

 

 

FAQ

What did Aether Holdings (ATHR) announce in this 8-K filing?

Aether Holdings entered an At The Market Offering Agreement with Rodman & Renshaw LLC, enabling sales of up to $10,998,532 in common stock. Shares are issued under an existing Form S-3 registration, using a base prospectus and a June 25, 2026 prospectus supplement.

How large is Aether Holdings’ new at-the-market stock program?

The at-the-market program permits Aether Holdings to sell up to $10,998,532 of its common stock. Sales may occur over time on The Nasdaq Capital Market, other trading venues, or via privately negotiated and block transactions, as allowed under the agreement and prospectus supplement.

Who is acting as sales agent for Aether Holdings’ ATM offering?

Rodman & Renshaw LLC is the sales agent for Aether Holdings’ at-the-market program. It will use commercially reasonable efforts to place shares on mutually agreed terms and can also act as principal in certain transactions under separate terms agreements with the company.

What fees will Aether Holdings pay under the ATM Sales Agreement?

Aether Holdings will pay Rodman & Renshaw LLC a commission of up to 3.0% of gross proceeds from share sales. The company also agreed to reimburse certain expenses incurred by the sales agent in connection with the offering, as detailed in the At The Market Offering Agreement.

Is Aether Holdings required to sell shares under the ATM agreement?

Aether Holdings has no obligation to sell any shares under the At The Market Offering Agreement. The company can suspend offers at any time and may terminate the agreement on ten business days’ notice, while the sales agent may terminate at any time as specified in the contract.

How will Aether Holdings use proceeds from the ATM stock sales?

Aether Holdings currently intends to use any net proceeds from the at-the-market offering as described in the June 25, 2026 prospectus supplement. Specific planned uses are outlined in that prospectus document, which forms part of the effective Form S-3 registration statement.

Filing Exhibits & Attachments

6 documents