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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): May 16, 2023

 

ANI PHARMACEUTICALS, INC.

(Exact name of registrant as specified in its charter)

 

Delaware 001-31812 58-2301143
(State or other jurisdiction of
incorporation)
(Commission File Number) (I.R.S. Employer Identification No.)

 

210 Main Street West

Baudette, Minnesota

  56623
(Address of principal executive offices)   (Zip Code)

 

Registrant's telephone number, including area code: (218) 634-3500

 

Not Applicable
(Former name or former address, if changed since last report.)

 

Securities registered pursuant to Section 12(b) of the Act:

 

Title of each class Trading Symbol(s) Name of each exchange on which
registered
Common Stock ANIP Nasdaq Stock Market

 

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 (see General Instruction A.2. below):

 

¨ 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))

 

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 8.01 Other Events

 

On May 16, 2023, ANI Pharmaceuticals, Inc., a Delaware corporation (the “Company”) issued a press release announcing that it has completed the sale of 2,183,545 shares of its common stock, $0.0001 par value per share (the “Common Stock”) at a public offering price of $39.50 per share, inclusive of the exercise in full of the underwriters’ option to purchase an additional 284,810 shares of Common Stock, pursuant to the Underwriting Agreement entered into by and between the Company and Guggenheim Securities, LLC, as representative of the several underwriters named therein. The Company received gross proceeds of approximately $86.25 million before deducting the underwriting discounts and commissions and estimated fees and expenses payable by the Company in connection with offering. A copy of the Company’s press release is attached hereto as Exhibit 99.1 and is incorporated herein by reference.

 

Item 9.01 Exhibits

 

(d) Exhibits

 

Exhibit No. Description
5.1 Opinion of Morgan, Lewis & Bockius LLP
23.1 Consent of Morgan, Lewis & Bockius LLP (included in Exhibit 5.1)
99.1 Press Release of the Company, dated May 16, 2023
104 Cover Page Interactive Data File (embedded with 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.

 

Dated: May 16, 2023 ANI PHARMACEUTICALS, INC.
     
  By: /s/ Stephen P. Carey
  Name: Stephen P. Carey
  Title: Senior Vice President Finance and Chief Financial Officer