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Flexible Solutions (NYSE: FSI) launches $18.5M ATM stock plan

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

Rhea-AI Filing Summary

Flexible Solutions International Inc. entered an at-the-market (ATM) Sales Agreement with Bancroft Capital LLC to sell and issue shares of common stock having a value of up to $18,500,000.

The shares will be sold from time to time under the company’s effective shelf registration statement on Form S-3, using a prospectus and June 30, 2026 prospectus supplement. Bancroft will act as sales agent and receive a cash fee of 3% of gross proceeds, plus up to $30,000 in reimbursed expenses and up to $5,000 per quarter for additional expenses. The agreement includes customary representations, conditions, indemnification, and termination provisions.

Positive

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Negative

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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 capacity $18,500,000 Maximum value of common stock under ATM Sales Agreement
Sales agent fee 3% of gross proceeds Cash fee payable to Bancroft Capital LLC
Expense reimbursement cap $30,000 Reimbursement cap for Bancroft Capital’s initial expenses
Quarterly expense cap $5,000 per quarter Additional expenses payable each quarter until termination
Shelf registration Form S-3 No. 333-293705 Registration statement declared effective March 5, 2026
Prospectus supplement date June 30, 2026 Prospectus supplement under Rule 424(b)(5)
ATM Sales Agreement financial
"entered into an ATM Sales Agreement with Bancroft Capital, LLC"
An ATM sales agreement is a standing arrangement that lets a company sell its shares directly into the open market at prevailing prices, often through a broker, instead of selling a large block all at once. Investors care because it gives the company a flexible, on-demand way to raise cash but can slowly increase the number of shares outstanding and put downward pressure on the stock price—think of it like drip-feeding new supply into a marketplace.
registration statement on Form S-3 regulatory
"pursuant to the Company’s effective registration statement on Form S-3"
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
"as amended and supplemented by the prospectus supplement dated June 30, 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.
forward-looking statements regulatory
"Certain of the statements made in this on are forward looking."
Forward-looking statements are predictions or plans that companies share about what they expect to happen in the future, like estimating sales or profits. They matter because they help investors understand a company's outlook, but since they are based on guesses and assumptions, they can sometimes be wrong.
Risk Factors financial
"contained under the caption “Risk Factors” in the Company’s prospectus supplement"
Risk factors are elements or conditions that could cause an investment's value to decrease or lead to potential losses. They are like warning signs or obstacles that can affect the success of an investment, making it uncertain or more unpredictable. Recognizing risk factors helps investors understand the possible challenges and make more informed decisions.
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Learn about SEC filing dates
false 0001069394 0001069394 2026-06-30 2026-06-30 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 30, 2026

 

FLEXIBLE SOLUTIONS INTERNATIONAL INC.

(Exact name of Registrant as specified in its charter)

 

Alberta   001-31540   71 163 0889

(State or other jurisdiction

of incorporation)

 

(Commission

File No.)

 

(Employer

Identification No.)

 

6001 54 Ave.

Taber, Alberta, Canada T1G 1X4

(Address of principal executive offices, including Zip Code)

 

Registrant’s telephone number, including area code: (250) 477-9969

 

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 obligations 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-14(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 exchange on which registered
Common Stock   FSI   NYSE American

 

Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§203.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§204.12b-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 30, 2026, Flexible Solutions International, Inc., an Alberta, Canada corporation (the “Company”), entered into an ATM Sales Agreement with Bancroft Capital, LLC (the “Sales Agent”) relating to the sale and issuance of shares of the Company’s common stock having a value of $18,500,000 (the “Shares”).

 

The securities will be offered and sold by the Company pursuant to the Company’s effective registration statement on Form S-3 (Registration No. 333-293705) which was declared effective by the Securities Exchange and Commission (the “SEC”) on March 5, 2026, the base prospectus included therein, as amended and supplemented by the prospectus supplement dated June 30, 2026.

 

Pursuant to the terms of the ATM Sales Agreement, the Company agreed to pay the Sales Agent a cash fee equal to 3% of the gross proceeds from the sale of the shares and to reimburse the Sales Agent for certain of its expenses, including the fees of its counsel, in an amount up to $30,000. In addition, the Company will pay the Sales Agent an amount not to exceed $5,000 per quarter for its additional expenses until the termination of the Company’s offering.

 

The ATM Sales Agreement contains customary representations, warranties and agreements by the Company, conditions to the placement of the Shares pursuant thereto, indemnification obligations of the Company and the Sales Agent, including for liabilities under the Securities Act of 1933, as amended (the “Securities Act”), other obligations of the parties and termination provisions. The foregoing description of the ATM Sales Agreement is not complete and is qualified in its entirety by reference to the full text of the ATM Sales Agreement, a copy of which is filed herewith as Exhibit 1.1 to this Current Report on Form 8-K 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 securities discussed herein, nor shall there be any offer, solicitation, or sale of the securities 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.

 

Forward-Looking Statements

 

Certain of the statements made in this Current Report on Form 8-K are forward looking. Actual results or developments may differ materially from those projected or implied in these forward-looking statements. More information about the risks and uncertainties faced by the Company is contained under the caption “Risk Factors” in the Company’s prospectus supplement filed with the SEC on June 30, 2026 pursuant to Rule 424(b)(5) promulgated under the Securities Act, the Company’s Annual Report on Form 10-K for the fiscal year ended December 31, 2025 filed with the SEC April 15, 2026, and other filings made by the Company with the SEC, all of which can be obtained on the SEC’s website at www.sec.gov. Readers are cautioned not to place undue reliance on the forward-looking statements, which speak only as of the date on which they are made and reflect management’s current estimates, projections, expectations and beliefs. The Company expressly disclaim any obligation or undertaking to release publicly any updates or revisions to any forward-looking statements contained herein to reflect any change in our expectations or any changes in events, conditions or circumstances on which any such statement is based, except as required by law.

 

Item 9.01 Financial Statements and Exhibits.

 

Exhibit No.   Description
1.1   ATM Sales Agreement dated June 30, 2026, by and between Flexible Solutions International, Inc. and Bancroft Capital, LLC
5.1   Opinion of Hart & Hart, LLC
23.1   Consent of Hart & Hart, LLC
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.

 

Date: June 30, 2026 FLEXIBLE SOLUTIONS INTERNATIONAL INC.
       
    By: /s/ Daniel B. O’Brien
      Daniel B. O’Brien, President and Chief Executive Officer

 

 

FAQ

What ATM agreement did Flexible Solutions (FSI) enter on June 30, 2026?

Flexible Solutions entered an ATM Sales Agreement with Bancroft Capital LLC to sell up to $18,500,000 of common stock. Sales will be made from time to time under its effective Form S-3 shelf registration and related June 30, 2026 prospectus supplement.

How will Bancroft Capital LLC be compensated under FSI’s ATM program?

Bancroft Capital LLC will receive a 3% cash fee on gross proceeds from ATM share sales. Flexible Solutions will also reimburse up to $30,000 of expenses and pay up to $5,000 per quarter for additional ongoing expenses until the offering terminates.

Which registration statement supports Flexible Solutions (FSI) ATM offering?

The ATM offering uses Flexible Solutions’ effective Form S-3 registration statement No. 333-293705, declared effective on March 5, 2026. Sales will be made under the base prospectus and a June 30, 2026 prospectus supplement filed under Rule 424(b)(5).

Does the FSI ATM Sales Agreement include indemnification provisions?

Yes. The ATM Sales Agreement includes indemnification obligations of both Flexible Solutions and Bancroft Capital, including for liabilities under the Securities Act of 1933. It also contains customary representations, warranties, conditions to sales, other obligations, and standard termination provisions.

Is the Flexible Solutions (FSI) ATM filing itself an offer to sell securities?

No. The document explicitly states it does not constitute an offer to sell or a solicitation to buy the securities. Offers and sales will only occur where legally permitted and under the effective registration statement and related prospectus documents.

Filing Exhibits & Attachments

6 documents