Bio-Path Holdings Announces Closing of $8.0 Million Registered Direct Offering Priced At-the-Market

On November 25, 2019 Bio-Path Holdings, Inc., (Nasdaq:BPTH), a biotechnology company leveraging its proprietary DNAbilize antisense RNAi nanoparticle technology to develop a portfolio of targeted nucleic acid cancer drugs, reported the closing of its previously announced offering (Press release, Bio-Path Holdings, NOV 25, 2019, View Source [SID1234552311]). In a registered direct offering priced at-the-market, Bio-Path issued and sold 808,080 shares of its common stock and warrants to purchase up to 606,060 shares of its common stock, at a combined purchase price of $9.90 per share and associated warrant, for aggregate gross proceeds of approximately $8.0 million.

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H.C. Wainwright & Co. acted as the exclusive placement agent for the offering.

The warrants have an exercise price of $9.90 per share and exercise period commencing immediately upon issuance and a term of five years.

Bio-Path currently intends to use the net proceeds from the offering for working capital and general corporate purposes.

The securities described above were offered and sold by Bio-Path pursuant to a "shelf" registration statement on Form S-3 (Registration No. 333-231537), including a base prospectus, previously filed with and declared effective by the Securities and Exchange Commission (SEC) on June 5, 2019. The offering of the securities was made only by means of a prospectus supplement that forms a part of the registration statement. A final prospectus supplement and an accompanying base prospectus relating to the registered direct offering were filed with the SEC and are available on the SEC’s website located at View Source Electronic copies of the prospectus supplement and the accompanying base prospectus may also be obtained by contacting H.C. Wainwright & Co., LLC at 430 Park Avenue, 3rd Floor, New York, NY 10022, by phone at 646-975-6996 or e-mail at [email protected].

This press release shall not constitute an offer to sell or the solicitation of an offer to buy these securities, nor shall there be any sale of these securities in any jurisdiction in which such offer, solicitation or sale would be unlawful prior to the registration or qualification under the securities laws of any such jurisdiction.

WuXi Vaccines is investing $ 240 million in production facility in Ireland

On November 25, 2019 WuXi Biologics ("WuXi Bio") (2269.HK), a world-leading open access technology platform for biologics that provides complete solutions for the discovery, development and manufacture of biological compounds , has reported that its subsidiary WuXi Vaccines, a human factor vaccine development and production company (CDMO), is investing $ 240 million in a new vaccines manufacturing facility in Ireland, following a LOI of 20 years, WuXi Vaccines Signed at the beginning of the year (Press release, WuXi Biologics, NOV 25, 2019, View Source [SID1234551635]).

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WuXi Vaccines to Build a $ 240 Million Manufacturing Facility in Ireland

WuXi Vaccines to Build a $ 240 Million Manufacturing Facility in IrelandLatest Image of WuXi Biologics Factory of the Future in Ireland
The Memorandum of Understanding covers a new, dedicated manufacturing facility, including production of active pharmaceutical ingredients (MFG15), manufacturing of pharmaceutical products (DP5) and quality control (QC) laboratories. A vaccine product is being produced there for a large international pharmaceutical company that is to be marketed worldwide. The new vaccine production site, which is scheduled to be approved, will be built within the WuXi Biologics campus, adjacent to the "Factory of the Future." The biologic drug manufacturing facility is scheduled to begin commercial production in 2021.

Heather Humphreys TD , Irish Minister for the Economy, Enterprise and Innovation said: "I am delighted that WuXi Vaccines is creating 200 highly skilled jobs. These are added to the 400 jobs that WuXi Biologics announced last year for Dundalk. Today’s news is further proof that the border region is an attractive investment location. "

Eileen Sharpe , Head of Growth, Europe and New Business Units at the Irish Industrial Development Authority (IDA) commented, "A second major investment by WuXi Biologics at its Dundalk site is great news. As the first contract manufacturing operation in Ireland, this second planned project will significantly strengthen our life science ecosystem and provide important impetus for Ireland as a production location. "

Dr. Chris Chen, CEO of WuXi Biologics and Chairman of WuXi Vaccines, commented, "We look forward to our first production facility in Ireland, where a vaccine for a major international pharmaceutical company is being manufactured. Complex processes, extensive analytical testing and strict regulatory requirements make vaccine production difficult. Process and quality control are extremely important for product quality. This new project covers the exclusive production of a vaccine for a major international pharmaceutical company to be marketed worldwide. It is one of the first of its kind in the industry and further demonstrates the technical expertise, world-class quality and commercial manufacturing expertise that WuXi Biologics will bring to Dundalk. WuXi Biologics and WuXi Vaccines are eager to

Termination of a Material Definitive Agreement

On November 25, 2019, Brickell Biotech, Inc. (the "Company"), Brickell Subsidiary, Inc., a wholly-owned subsidiary of the Company, and NovaQuest Co-Investment Fund X, L.P. ("NovaQuest") reported that it has entered into a Settlement and Termination Agreement (the "Settlement and Termination Agreement") as a result of the previously disclosed license agreement-related dispute with Bodor Laboratories, Inc. and Nicholas S. Bodor (collectively, "Bodor") (Filing, 8-K, Vical, NOV 25, 2019, View Source [SID1234551651]). The Settlement and Termination Agreement terminates the Funding Agreement, dated as of June 2, 2019 (the "Funding Agreement"), pursuant to which NovaQuest had committed to provide up to $25.0 million in near-term research and development funding to the Company. NovaQuest agreed to cancel and surrender the warrant it previously received in connection with the Funding Agreement, and the Company repaid NovaQuest the $5.6 million advance previously made by NovaQuest including accrued interest. Subject to the mutual indemnity included in the Settlement and Termination Agreement, NovaQuest agreed to waive any and all further Company obligations (including any and all future milestone payments and royalties owed to NovaQuest) and each party agreed to release any and all claims against the other party in respect of the Funding Agreement.

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The foregoing description of the Settlement and Termination Agreement is not complete and is subject to and qualified in its entirety by reference to such agreement, a copy of which is attached to this filing as Exhibit 10.1 and is incorporated herein by reference.

NuVasive to Present at the 31st Annual Piper Jaffray Healthcare Conference

On November 25, 2019 NuVasive, Inc. (NASDAQ: NUVA), the leader in spine technology innovation, focused on transforming spine surgery with minimally disruptive, procedurally integrated solutions, reported that management will present at the 31st Annual Piper Jaffray Healthcare Conference at the Lotte New York Palace in New York City on Wednesday, Dec. 4, 2019 at 1:00 p.m. EST / 10:00 a.m. PST (Press release, NuVasive, NOV 25, 2019, View Source [SID1234551668]).

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A live webcast of the presentation will be available online from the Investor Relations page of the Company’s website at www.nuvasive.com. A replay of the presentation will remain available on the website for 30 days after the live webcast.

Entry into a Material Definitive Agreement

On November 25, 2019, Cue Biopharma, Inc. (the "Company") reported that entered into an At-The-Market Equity Offering Sales Agreement (the "Sales Agreement") with Stifel, Nicolaus & Company, Incorporated, as agent ("Stifel"), pursuant to which the Company may offer and sell, from time to time through Stifel, shares of its common stock, par value $0.001 per share (the "Common Stock"), for aggregate gross proceeds of up to $20.0 million (the "Shares") (Filing, 8-K, Cue Biopharma, NOV 25, 2019, View Source [SID1234551682]). The offer and sale of the Shares will be made pursuant to a shelf registration statement on Form S-3 and the related prospectus (File No. 333-229140) that became effective on February 3, 2019, as supplemented by a prospectus supplement dated November 25, 2019 and filed with the Securities and Exchange Commission pursuant to Rule 424(b) under the Securities Act of 1933, as amended (the "Securities Act").

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Pursuant to the Sales Agreement, Stifel may sell the Shares in sales deemed to be "at-the-market" equity offerings as defined in Rule 415 promulgated under the Securities Act, including sales made directly on or through the Nasdaq Capital Market. If agreed to in a transaction notice, the Company may sell Shares to Stifel as principal, at a purchase price agreed upon by Stifel and the Company. Stifel 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 Stifel or the Company pursuant to the terms thereof.

The Company has agreed to pay Stifel a commission of up to 3.0% of the aggregate gross proceeds from any Shares sold by Stifel and to provide Stifel with customary indemnification and contribution rights, including for liabilities under the Securities Act. The Company also will reimburse Stifel 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.

A copy of the Sales Agreement is filed as Exhibit 1.1 to this Current Report, and the description of the terms of the Sales Agreement is qualified in its entirety by reference to such exhibit. A copy of the opinion of K&L Gates LLP relating to the legality of the issuance and sale of the Shares is attached as Exhibit 5.1 hereto.

This Current Report on Form 8-K shall not constitute an offer to sell or the solicitation of an offer to buy the Shares, nor shall there be any offer, solicitation, or sale of the Company’s Common Stock 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.