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 18, 2012
Echo Therapeutics, Inc.
(Exact name of Company as specified in its charter)
| | | | |
| | | | |
Delaware | | 000-23017 | | 41-1649949 |
(State or other jurisdiction of Incorporation) | | (Commission File Number) | | (I.R.S. Employer Identification No.) |
| |
8Penn Center 1628 JFK Blvd., Suite 300 Philadelphia, PA | |
19103 |
(Address of principal executive offices) | | (Zip Code) |
Company’s telephone number, including area code: (215) 717-4100
(Former name or former address, if changed since last report)
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the Company 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)) |
Item 1.02. Termination of a Material Definitive Agreement.
In response to shareholder feedback and concerns, on May 18, 2012, the Company notified MLV & Co. LLC (“MLV”) that it was terminating the At Market Issuance Sales Agreement (the “Sales Agreement”) between the Company and MLV dated as of May 9, 2012. The termination is effective as of May 28, 2012. No shares were sold under the Sales Agreement and the Company does not intend to sell any shares under the Sales Agreement prior to the termination date.
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the Company has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
| | |
| ECHO THERAPEUTICS, INC. |
Dated: May 21, 2012 | By: /s/ Patrick T. Mooney |
| Patrick T. Mooney | |
| President and Chief Executive Officer | |
