STOCK TITAN

FiEE (NASDAQ: FIEE) sets $6,272,809 at-the-market stock sale plan

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

Rhea-AI Filing Summary

FiEE, Inc. established an at-the-market common stock offering program to sell up to $6,272,809 of shares through A.G.P./Alliance Global Partners. Sales will be made from time to time under the company’s effective Form S-3 shelf registration statement and a June 23, 2026 prospectus supplement.

The company may sell shares on or through Nasdaq, in negotiated transactions, or directly to the sales agent if separately agreed. FiEE will pay a 3.25% commission on gross proceeds, can suspend or terminate the program at any time, and has provided customary indemnification and expense reimbursement to the sales agent.

Positive

  • None.

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 $6,272,809 aggregate offering price Maximum common stock FiEE may sell under the at-the-market program
Sales agent commission 3.25% of aggregate gross proceeds Commission payable by FiEE on shares sold through A.G.P./Alliance Global Partners
Shelf registration file number File No. 333-295474 Form S-3 shelf registration statement used for the offering
Shelf effectiveness date June 11, 2026 Date the SEC declared FiEE’s Form S-3 registration statement effective
Prospectus supplement date June 23, 2026 Date FiEE filed the prospectus supplement for the at-the-market shares
at-the-market offering program financial
"entered into a sales agreement ... with respect to an at-the-market offering program"
An at-the-market offering program lets a company sell newly issued shares directly into the open market at current trading prices through a broker, rather than issuing a large block of stock all at once. It matters to investors because it provides the company a flexible way to raise cash over time, which can dilute existing shares gradually and affect earnings per share and stock price depending on how much and when shares are sold—think of it as a faucet the company can open or close to add supply to the market.
shelf registration statement regulatory
"offered and sold pursuant to the Company’s shelf registration statement on Form S-3"
A shelf registration statement is a document a company files with regulators that allows it to sell shares or bonds quickly when it’s a good time to raise money. It’s like having a pre-approved plan ready so the company can act fast without going through lengthy paperwork each time they want to sell, making fundraising more flexible.
General Instruction I.B.6 of Form S-3 regulatory
"aggregate offering price of up to an estimated $6,272,809 ... based on the limitations of General Instruction I.B.6 of Form S-3"
Rule 415(a)(4) regulatory
"sales deemed to be “at-the-market” equity offerings as defined in Rule 415(a)(4)"
Rule 415(a)(4) is a U.S. Securities and Exchange Commission rule that lets a company add more securities to an already effective shelf registration, so those additional shares or bonds can be sold later without filing a completely new registration. For investors it matters because it gives the issuer the flexibility to raise cash quickly—like having an open credit line—while creating the possibility of dilution or changes in supply that can affect share price.
Sales Agreement financial
"entered into a sales agreement (the “Sales Agreement”) with A.G.P./Alliance Global Partners"
A sales agreement is a written contract that sets out the terms for selling goods, services, or assets, specifying price, delivery, payment schedule and responsibilities of each side. For investors it matters because it creates a predictable stream of revenue or cash obligations, clarifies timing and risk, and can change a company’s value or forecasts much like a signed order turns a customer’s verbal intent into a firm commitment.
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Learn about SEC filing dates
false 0001467761 0001467761 2026-06-23 2026-06-23 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 23, 2026

 

FiEE, Inc.

 

(Exact name of registrant as specified in its charter)

 

Delaware   001-37649   04-2621506

(State or other jurisdiction

of incorporation)

(Commission

File Number)

(IRS Employer

Identification No.)

 

3-33, 2-chome Utajima, Nishiyodogawa District, Osaka, Japan

(Address of principal executive offices, including zip code)

 

+81 6 7509 3700

(Registrant’s telephone number, including area code)

 

 

(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   Name of each exchange on which registered
Common Stock, $0.01 par value per share   FIEE   The Nasdaq 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. ☐

 

 

 

 

 

 

Item 1.01Entry into a Material Definitive Agreement.

 

On June 23, 2026, FiEE, Inc. (the “Company”) entered into a sales agreement (the “Sales Agreement”) with A.G.P./Alliance Global Partners (the “Sales Agent”), with respect to an at-the-market offering program pursuant to which the Company may offer and sell, from time to time at its sole discretion, shares of its common stock, par value $0.01 per share, having an aggregate offering price of up to an estimated $6,272,809 (the “Shares”), which is based on the limitations of General Instruction I.B.6 of Form S-3, through the Sales Agent. The Shares to be offered and sold under the Sales Agreement, if any, will be offered and sold pursuant to the Company’s shelf registration statement on Form S-3 (File No. 333-295474), which was originally filed with the U.S. Securities and Exchange Commission (“SEC”) on April 30, 2026 and amended on May 22, 2026 and declared effective by the SEC on June 11, 2026. The Company filed a prospectus supplement with the SEC on June 23, 2026 in connection with the offer and sale of the Shares pursuant to the Sales Agreement.

 

Pursuant to the Sales Agreement, the Sales Agent will use commercially reasonable efforts consistent with its normal trading and sales practices, applicable state and federal law, rules and regulations and rules of The Nasdaq Capital Market (“Nasdaq”) to sell the Shares in sales deemed to be “at-the-market” equity offerings as defined in Rule 415(a)(4) promulgated under the Securities Act of 1933, as amended (the “Securities Act”), including sales made directly on or through Nasdaq. If agreed to in a separate terms agreement, the Company may sell Shares to the Sales Agent as principal, at a purchase price agreed upon by the Sales Agent and the Company. The Sales Agent may also sell Shares in negotiated transactions with the Company’s prior approval. The offer and sale of the Shares pursuant to the Sales Agreement will terminate upon the earlier of (a) the issuance and sale of all of the Shares subject to the Sales Agreement or (b) the termination of the Sales Agreement by the Sales Agent or the Company pursuant to the terms thereof. The Company has no obligation to sell any of the Shares, and may at any time suspend offers under the Sales Agreement or terminate the Sales Agreement.

 

Pursuant to the Sales Agreement, the Company has agreed to pay the Sales Agent a commission of 3.25% of the aggregate gross proceeds from any Shares sold by the Sales Agent and to provide the Sales Agent with customary indemnification and contribution rights, including for liabilities under the Securities Act. The Company also will reimburse the Sales Agent for certain specified expenses in connection with entering into the Sales Agreement. The Sales Agreement contains customary representations and warranties and conditions to the placements of the Shares pursuant thereto. The Sales Agent’s obligations to sell the Shares under the Sales Agreement are subject to satisfaction of certain conditions.

 

The foregoing description of the Sales Agreement does not purport to be complete and is qualified in its entirety by reference to the full text of the Sales Agreement, a copy of which is attached as Exhibit 10.1 hereto and is incorporated herein by reference.

 

K&L Gates LLP, counsel to the Company, has issued a legal opinion relating to the Shares. A copy of such legal opinion, including the consent included therein, is attached as Exhibit 5.1 hereto.

 

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

 

Item 9.01Financial Statements and Exhibits.

 

(d) Exhibits

 

Exhibit No.   Description
5.1   Opinion of K&L Gates LLP, dated June 23, 2026.
10.1   Sales Agreement, dated June 23, 2026, between FiEE, Inc. and A.G.P./Alliance Global Partners.
23.1   Consent of K&L Gates LLP (contained in Exhibit 5.1 above).
104   Cover Page Interactive Data (embedded within Inline XBRL document).

 

1

 

 

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.

 

  FIEE, INC.
     
Date: June 23, 2026 By: /s/ Li Wai Chung
    Li Wai Chung
    Chief Executive Officer and President

 

2

FAQ

What did FiEE (FIEE) announce in this 8-K filing?

FiEE announced an at-the-market stock offering program allowing it to sell up to $6,272,809 of common shares through A.G.P./Alliance Global Partners, using its effective Form S-3 shelf registration statement and a June 23, 2026 prospectus supplement.

How large is FiEE’s new at-the-market offering program?

The program permits FiEE to offer and sell common stock with an aggregate offering price of up to $6,272,809. This limit is based on General Instruction I.B.6 of Form S-3, which constrains how much smaller issuers may register and sell under a shelf.

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

A.G.P./Alliance Global Partners serves as the Sales Agent for FiEE’s program. It will use commercially reasonable efforts to execute at-the-market equity offerings, including sales directly on or through Nasdaq, subject to customary conditions in the sales agreement.

What fees will FiEE pay under the at-the-market sales agreement?

FiEE agreed to pay the Sales Agent a 3.25% commission on the aggregate gross proceeds from any shares sold. The company will also reimburse specified expenses and provide customary indemnification and contribution rights for liabilities under the Securities Act.

Can FiEE suspend or end the at-the-market program?

Yes. FiEE has no obligation to sell any shares and may suspend offers under, or terminate, the sales agreement at any time. The program also ends automatically once all authorized shares are sold or if either party terminates under the agreement’s terms.

Filing Exhibits & Attachments

6 documents