UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-A
FOR REGISTRATION OF CERTAIN CLASSES OF SECURITIES
PURSUANT TO SECTION 12(b) OR 12(g) OF THE
SECURITIES EXCHANGE ACT OF 1934
AMMO, INC.
(Exact name of registrant as specified in its charter)
| Delaware | 83-1950534 | |
| (State or other jurisdiction | (I.R.S. Employer | |
| of incorporation or organization) | Identification No.) |
7681 East Gray Road Scottsdale, Arizona | 85260 | |
| (Address of principal executive offices) | (Zip Code) |
Securities to be registered pursuant to Section 12(b) of the Act:
Title of each class to be so registered | Name of each exchange on which each class is to be registered | |
8.75% Series A Cumulative Redeemable Perpetual Preferred Stock, par value $0.001 | The Nasdaq Stock Market LLC |
If this form relates to the registration of a class of securities pursuant to Section 12(b) of the Exchange Act and is effective pursuant to General Instruction A.(c) or (e), check the following box. [X]
If this form relates to the registration of a class of securities pursuant to Section 12(g) of the Exchange Act and is effective pursuant to General Instruction A.(d) or (e), check the following box. [ ]
If this form relates to the registration of a class of securities concurrently with a Regulation A offering, check the following box. [ ]
Securities Act registration statement or Regulation A offering statement file number to which this form relates: 333-253192
Securities to be registered pursuant to Section 12(g) of the Act:
None
(Title of class)
INFORMATION REQUIRED IN REGISTRATION STATEMENT
| Item 1. | Description of the Registrant’s Securities to be Registered. |
The class of securities to be registered hereunder is the 8.75% Series A Cumulative Redeemable Perpetual Preferred Stock, par value $0.001 (the “Series A Preferred Stock”) of AMMO, Inc. For a description of the Series A Preferred Stock, reference is made to the information under the heading “Description of Series A Preferred Stock” included in the Prospectus Supplement with respect to the Series A Preferred Stock dated May 14, 2021, filed with the U.S. Securities and Exchange Commission pursuant to Rule 424(b) of the general rules and regulations of the Securities Act of 1933, as amended, on May 14, 2021, which information is incorporated herein by reference.
| Item 2. | Exhibits. |
| Incorporated by | ||||||||||
| Exhibit | Reference | Filed or Furnished | ||||||||
| Number | Exhibit Description | Form | Exhibit | Filing Date | Herewith | |||||
| 3.1 | Certificate of Incorporation (Amended and Restated) filed with the Delaware Secretary of State on October 24, 2018 | 8-K | 3.1 | 10/26/2018 | ||||||
| 3.2 | Bylaws | 8-K | 3.03 | 02/09/2017 | ||||||
| 3.3 | Certificate of Designations with respect to the 8.75% Series A Cumulative Redeemable Perpetual Preferred Stock, par value $0.001 per share, dated May 18, 2021. | X | ||||||||
| 4.1 | Form of Certificate of Common Stock | S-1/A | 4.4 | 10/16/2018 | ||||||
SIGNATURE
Pursuant to the requirements of Section 12 of the Securities Exchange Act of 1934, as amended, the Registrant has duly caused this Registration Statement to be signed on its behalf by the undersigned, thereto duly authorized.
| Date: | May 20, 2021 |
| AMMO, INC. | ||
| By: | /s/ Robert D. Wiley | |
| Name: | Robert D. Wiley | |
| Title: | Chief Financial Officer | |
