Indaptus sets up $100M at-the-market stock program
Rhea-AI Filing Summary
Indaptus Therapeutics, Inc. (INDP) entered into an Amended and Restated At the Market Offering Agreement with H.C. Wainwright & Co., LLC on August 28, 2026. The agreement allows Indaptus to issue and sell shares of its common stock from time to time through or to Wainwright under an at-the-market equity program.
The program covers up to $100,000,000 in aggregate gross sales price of common stock, in addition to any shares previously sold under the prior 2022 agreement. Sales are made under the company’s effective Form S-3 shelf registration statement and an August 31, 2026 ATM prospectus supplement. Wainwright acts as sales agent and may also act as principal under separate terms agreements, earning a 3.0% fee on gross sales when acting as agent. Neither party is obligated to sell or purchase shares, and the offering can be suspended at any time.
Positive
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8-K Event Classification
2 items: 1.01, 9.01
2 items
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, or exhibit attachments filed with this report.
Key Figures
Maximum aggregate gross sales price: $100,000,000
Placement fee rate: 3.0% of gross sales price
Form S-3 file number: 333-289573
+2 more
5 metrics
Maximum aggregate gross sales price
$100,000,000
Common stock that may be sold under the Amended and Restated At the Market Offering Agreement
Placement fee rate
3.0% of gross sales price
Fee payable to H.C. Wainwright when acting as sales agent
Form S-3 file number
333-289573
Shelf registration statement used for the ATM program
Shelf effectiveness date
August 20, 2025
Date the Form S-3 shelf registration statement was declared effective by the SEC
ATM prospectus supplement date
August 31, 2026
Date of the prospectus supplement covering the ATM sales
Key Terms
At the Market Offering Agreement, shelf registration statement, Form S-3, prospectus supplement, +1 more
5 terms
At the Market Offering Agreement financial
"entered into an Amended and Restated At the Market Offering Agreement"
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.
shelf registration statement regulatory
"form a part of 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.
Form S-3 regulatory
"shelf registration statement on Form S-3 (File No. 333-289573)"
Form S-3 is a legal document companies use to register their stock sales with the government, making it easier and faster for them to raise money by selling shares to investors. It’s like having a pre-approved shopping list that lets a company quickly sell new shares when they need funds, without going through a lengthy approval process each time.
prospectus supplement regulatory
"filed a prospectus supplement, dated August 31, 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.
Rule 415 regulatory
"an “at the market offering” as defined in Rule 415 under the Securities Act"
Rule 415 is a U.S. Securities and Exchange Commission regulation that lets a company register securities ahead of time and then offer them for sale in pieces over an extended period under a “shelf” registration, so offerings can be launched quickly when market conditions suit the issuer. For investors, it signals that management has a ready way to raise capital fast—useful for seizing opportunities but potentially dilutive to existing shareholders, like a company pre-loading a credit line it can tap as needed.
Offering Details
ATM
Offering
Offering Type
ATM
FAQ
What did Indaptus Therapeutics (INDP) announce in this Form 8-K?
Indaptus Therapeutics entered into an Amended and Restated At the Market Offering Agreement with H.C. Wainwright & Co., LLC, enabling sales of its common stock over time under an at-the-market equity program tied to its effective Form S-3 shelf registration statement.
What is the maximum size of Indaptus Therapeutics’ (INDP) new ATM program?
The amended agreement permits Indaptus Therapeutics to sell shares of common stock with a maximum aggregate gross sales price of $100,000,000. This limit applies only to shares sold on or after the execution date of the amended Sales Agreement.
How is H.C. Wainwright compensated in the Indaptus (INDP) ATM agreement?
When acting as sales agent, H.C. Wainwright earns a placement fee equal to 3.0% of the gross sales price of Indaptus common stock sold under the agreement. A different pricing arrangement may apply if Wainwright acts as principal under a separate terms agreement.
AI-generated analysis. How Rhea-AI works. Not financial advice.
