Other Events
On October 13, 2022, voxeljet AG (the “Company”) issued a press release announcing the closing of the public offering of 1,279,070 American Depositary Shares (the “ADSs”) representing the Company’s ordinary shares (the “Ordinary Shares”), previously announced on September 29, 2022 (the “Offering”). A copy of the press release is included herewith as Exhibit 99.1.
In connection with the Offering, the Company entered into irrevocable undertakings with certain investors for the purchase and sale of the ADSs. In addition, the Company entered into a placement agency agreement (the “Placement Agency Agreement”) with A.G.P./Alliance Global Partners (the “Placement Agent”). Pursuant to the terms of the Placement Agency Agreement, the Placement Agent agreed to use its reasonable best efforts to arrange for the sale of the ADSs at a price of $3.44 per share. The Company paid the Placement Agent a cash fee equal to 7.0% of the gross proceeds generated from the sale of the ADSs and reimbursed the Placement Agent for certain of its expenses as set forth in the Placement Agency Agreement.
The Placement Agency Agreement contains customary representations, warranties and agreements by the Company, customary closing conditions, indemnification obligations of the Company and the Placement Agent, other obligations of the parties and termination provisions.
A copy of the opinion of Hogan Lovells International LLP, relating to the legality of the issuance and sale of the Ordinary Shares and ADSs, is attached as Exhibit 5.1 hereto.
The Offering was conducted pursuant to a Registration Statement on Form F-3 (File No. 333-255911), which was filed by the Company with the Securities and Exchange Commission on May 7, 2021, and declared effective on May 14, 2021, as supplemented by a prospectus supplement dated September 29, 2022.
Exhibits
