STOCK TITAN

TOYO (TOYO) launches $30M at-the-market ordinary share program

Filing Impact
(Neutral)
Filing Sentiment
(Neutral)
Form Type
6-K

Rhea-AI Filing Summary

TOYO Co., Ltd entered into a Sales Agreement with Roth Capital Partners and H.C. Wainwright that allows it to sell up to $30,000,000 of ordinary shares in an at-the-market program under its existing shelf registration. The agents will use reasonable best efforts to place the shares and will receive a 3.0% commission on gross proceeds, plus reimbursed expenses. TOYO plans to use any net proceeds for working capital and general corporate purposes, with sales made under its Form F-3 shelf and a prospectus supplement dated April 22, 2026.

Positive

  • None.

Negative

  • None.
ATM program size $30,000,000 of ordinary shares Maximum aggregate amount under Sales Agreement
Agent commission 3.0% of gross proceeds Commission on shares sold in the offering
Par value per share US$0.0001 per ordinary share Par value of TOYO ordinary shares
Shelf registration file number Form F-3, File No. 333-290952 Registration statement used for the ATM offering
at-the-market offering financial
"Sales of the Shares, if any, may be made in sales deemed to be an “at-the-market offering”"
An at-the-market offering is a method companies use to sell new shares of stock directly into the open market over time, rather than all at once. This allows them to raise money gradually, similar to selling small pieces of a product instead of a large batch. For investors, it means the company can access funding more flexibly, but it may also increase the supply of shares and influence the stock’s price.
shelf registration statement regulatory
"The Shares will be sold pursuant to the Company’s shelf registration statement on Form F-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 F-3 regulatory
"shelf registration statement on Form F-3 (File No. 333-290952)"
Form F-3 is a U.S. securities filing that lets eligible foreign companies pre-register and then quickly sell shares or other securities to raise money, because they already meet ongoing reporting and size tests. For investors it signals that the company is up-to-date with regulatory disclosure and has an efficient way to issue new securities — similar to a pre-approved credit line — which can mean faster capital raises but also potential dilution of existing holdings.
Form S-8 regulatory
"incorporated by reference in the Company’s registration statements on Form F-3 and Form S-8"
A Form S-8 is a U.S. Securities and Exchange Commission registration that lets a public company set aside shares for employee benefit plans and stock-based compensation. Think of it as opening a dedicated account that authorizes the company to issue or reserve stock for workers and directors; it matters to investors because it enables share dilution when those awards are granted or exercised and signals how management is compensated and incentivized.
Sales Agreement financial
"entered into a Sales Agreement (the “Sales Agreement”) with Roth Capital 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.
ordinary shares financial
"offer and sell up to $30,000,000 of its ordinary shares of a par value of US$0.0001 each"
Ordinary shares are a type of ownership stake in a company, giving shareholders a right to participate in the company’s profits and decision-making through voting. They are similar to owning a piece of a business, and their value can rise or fall based on the company's performance. Investors buy ordinary shares to potentially earn dividends and benefit from the company's growth over time.

 

 

UNITED STATES 

SECURITIES AND EXCHANGE COMMISSION 

Washington, D.C. 20549

 

FORM 6-K

 

REPORT OF FOREIGN PRIVATE ISSUER
PURSUANT TO RULE 13a-16 OR 15d-16 UNDER
THE SECURITIES EXCHANGE ACT OF 1934

 

For the month of April 2026

 

Commission File Number: 001-42153

 

TOYO Co., Ltd

 

Tennoz First Tower, F16

2-2-4, Higashi-Shinagawa, Shinagawa-ku

Tokyo, Japan 140-0002

(Address of Principal Executive Offices)

 

Indicate by check mark whether the registrant files or will file annual reports under cover Form 20-F or Form 40-F.  

 

Form 20-F ☒        Form 40-F ☐

 

 

 

 

Entry into Material Definitive Agreement.

 

On April 22, 2026, TOYO Co., Ltd (the “Company”), a Cayman Islands exempted company, entered into a Sales Agreement (the “Sales Agreement”) with Roth Capital Partners, LLC and H.C. Wainwright & Co., LLC as agents (collectively, the “Agents”).

 

Pursuant to the terms of the Sales Agreement, the Company may offer and sell up to $30,000,000 of its ordinary shares of a par value of US$0.0001 each (the “Shares”) from time to time through the Agents (the “Offering”). The Agents will use their reasonable best efforts, as agents and subject to the terms of the Sales Agreement, to sell the Shares offered. Sales of the Shares, if any, may be made in sales deemed to be an “at-the-market offering” as defined in Rule 415 under the Securities Act of 1933, as amended. The Agents will be entitled to a commission from the Company of 3.0% of the gross proceeds from the sale of Shares sold under the Sales Agreement. In addition, the Company has agreed to reimburse certain expenses incurred by the Agents in connection with the Offering. The Sales Agreement contains customary representations, warranties, and agreements of the Company and the Agents, indemnification rights and obligations of the parties and termination provisions.

 

The Company intends to use any net proceeds from the Offering for working capital and general corporate purposes.

 

The Shares will be sold pursuant to the Company’s shelf registration statement on Form F-3 (File No. 333-290952), including the prospectus that forms a part thereof, and the prospectus supplement dated April 22, 2026, filed with the Securities and Exchange Commission. This Report on Form 6-K shall not constitute an offer to sell or the solicitation of an offer to buy any Shares, nor shall there be any sale of Shares in any state or jurisdiction in which such offer, solicitation or sale would be unlawful prior to registration or qualification under the securities laws of any such state or jurisdiction.

 

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, which is filed herewith as Exhibit 10.1 to this Report on Form 6-K and is incorporated herein by reference.

 

A copy of the opinion of Harney Westwood & Riegels relating to the legality of the Shares is filed herewith as Exhibit 5.1 to this Report on Form 6-K.

 

INCORPORATION BY REFERENCE

 

This Report on Form 6-K is hereby incorporated by reference in the Company’s registration statements on Form F-3 (File No. 333-290952) and Form S-8 (File No. 333-284642)  to the extent not superseded by documents or reports subsequently filed or furnished.

 

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EXHIBIT INDEX

 

Exhibit No.   Description
5.1   Opinion of Harney Westwood & Riegels
10.1   Sales Agreement, dated as of April 22, 2026, by and among the Company, Roth Capital Partners, LLC and H.C. Wainwright & Co., LLC
23.1   Consent of Harney Westwood & Riegels (included in Exhibit 5.1)
104   Cover Page Interactive Data File (formatted as Inline XBRL and contained in Exhibit 101)

 

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Signature

 

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, thereunto duly authorized.

 

  TOYO Co., Ltd
   
  By: /s/ Takahiko Onozuka
  Name:  Takahiko Onozuka
  Title: Director and Chief Executive Officer

 

Date: April 23, 2026

 

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FAQ

What is the size of TOYO (TOYO)'s new at-the-market share offering?

TOYO can sell up to $30,000,000 of ordinary shares under the new at-the-market program. Sales will occur from time to time through Roth Capital Partners and H.C. Wainwright using the company’s existing Form F-3 shelf registration statement.

How will TOYO (TOYO) use proceeds from the at-the-market offering?

TOYO intends to use net proceeds from the at-the-market share sales for working capital and general corporate purposes. This provides flexible funding for day-to-day operations, potential growth initiatives, and other general business needs as opportunities and requirements arise.

What commission will agents earn in TOYO (TOYO)'s at-the-market program?

Roth Capital Partners and H.C. Wainwright will receive a 3.0% commission on gross proceeds from shares sold under the program. TOYO has also agreed to reimburse certain expenses incurred by the agents in connection with the offering, in addition to these commissions.

Under which registration statement is TOYO (TOYO)'s at-the-market offering being conducted?

The at-the-market offering uses TOYO’s Form F-3 shelf registration, File No. 333-290952, together with a prospectus and a prospectus supplement dated April 22, 2026. The Form 6-K is also incorporated by reference into that registration statement.

Which firms are acting as sales agents for TOYO (TOYO)'s at-the-market offering?

TOYO appointed Roth Capital Partners, LLC and H.C. Wainwright & Co., LLC as sales agents under the Sales Agreement. They will use reasonable best efforts to sell the ordinary shares in transactions deemed to be at-the-market offerings under Rule 415.

Filing Exhibits & Attachments

2 documents