Nyxoah (NYXH) Announces $200M At-the-Market Equity Offering Program

Nyxoah SA (Nasdaq: NYXH) today announced that it has filed a $200 million shelf registration statement on Form F-3 (the “Registration Statement”) with the U.S. Securities and Exchange Commission (the “SEC”). Once declared effective by the SEC, the Registration Statement would permit the Company to sell, from time to time, up to $200 million in aggregate value of its common stock, preferred stock, debt securities, warrants, and/or units. The Registration Statement is intended to provide the Company with flexibility to access additional capital when market conditions are appropriate.

The Company also entered into a sales agreement (the “Sales Agreement”) with Cantor Fitzgerald & Co. (“Cantor”), as sales agent, pursuant to which the Company may sell new ordinary shares having an aggregate offering price of up to $50 million (the “Offered Shares”) from time to time through an "at-the-market" offering (the “ATM”). The actual number of Offered Shares to be issued, if any, will depend on the Company’s determination, in its sole discretion, to make sales and the price per share of any such sales. However, the number of Offered Shares shall not exceed 6 million shares. The Offered Shares will be sold at a sales price per Offered Share equal to the then current USD market price of the Nyxoah ordinary share on the Nasdaq Global Market at the time of the relevant sale.

Cantor may sell Offered Shares by any method permitted by law deemed to be an “at-the-market” offering as defined in Rule 415 of the Securities Act of 1933, as amended, including without limitation sales made directly on the Nasdaq Stock Market, on any other existing U.S. trading market for the ordinary shares, or to or through a market maker. Since the Offered Shares will be sold at market prices prevailing at the time of the sale, sales prices may vary. No sales of Offered Shares will be conducted in Belgium or through Euronext.

The ATM offering is being made only by means of a prospectus included within the Registration Statement. The Registration Statement has not yet become effective. These securities may not be sold nor may offers to buy these securities be accepted prior to the time the Registration Statement becomes effective. When available, copies of the prospectus relating to the ATM may be obtained from Cantor Fitzgerald & Co., Attn: Capital Markets, 499 Park Avenue, New York, NY 10022, or by email: [email protected].

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

You May Also Be Interested In

• enVVeno Medical (NVNO) files $100M mixed shelf
• ESS Tech closes $3.2M stock offering at $0.50 per share
• Global Interactive Technologies receives Nasdaq non-compliance notice