AKEBIA THERAPEUTICS, INC. (NASDAQ:AKBA) Files An 8-K Entry into a Material Definitive Agreement

AKEBIA THERAPEUTICS, INC. (NASDAQ:AKBA) Files An 8-K Entry into a Material Definitive Agreement

Item1.01

Entry into a Material Definitive Agreement.

On June28, 2017, Akebia Therapeutics, Inc. (the Company)
entered into an underwriting agreement (the Underwriting
Agreement
) with Morgan Stanley Co. LLC, as the representative
of the several underwriters listed on Schedule II thereto (the
Underwriters), related to a public offering (the
Offering) of 4,000,000 shares (the Shares) of the
Companys common stock, $0.00001 par value per share (the
Common Stock), at a price to the public of $14.50 per
share, to a registration statement on Form S-3 (File
No.333-211175) and a related prospectus supplement. In addition,
the Company granted the Underwriters an option to purchase, at
the public offering price less any underwriting discounts and
commissions, an additional 600,000 shares of Common Stock,
exercisable for 30 days from the date of the prospectus
supplement. Subject to customary closing conditions, the Offering
is expected to close on July5, 2017.

The above description of the Underwriting Agreement is qualified
in its entirety by reference to the Underwriting Agreement, which
is filed as Exhibit 1.1 hereto and incorporated herein by
reference.

An opinion dated June29, 2017, regarding the legality of the
issuance and sale of the Shares in the Offering, including the
additional shares the underwriters have the option to purchase to
the Underwriting Agreement, is filed as Exhibit 5.1 to this
Current Report on Form 8-K.


Item9.01
Financial Statements and Exhibits.


(d)
Exhibits.


Exhibit No.


Description

1.1 Underwriting Agreement, dated June28, 2017, by and among
Akebia Therapeutics, Inc. and Morgan Stanley Co. LLC, as the
representative of the several underwriters listed on Schedule
II thereto.
5.1 Opinion of Ropes Gray LLP.
23.1 Consent of Ropes Gray LLP (included in Exhibit 5.1 above).


2



Akebia Therapeutics, Inc. Exhibit
EX-1.1 2 d404244dex11.htm EX-1.1 EX-1.1 Exhibit 1.1 Execution Version 4,…
To view the full exhibit click here
About AKEBIA THERAPEUTICS, INC. (NASDAQ:AKBA)

Akebia Therapeutics, Inc. is a biopharmaceutical company. The Company is focused on the development of therapeutics based on hypoxia inducible factor (HIF) biology, and the commercialization of these products for patients with serious medical needs. The Company’s segment is the business of developing and commercializing proprietary therapeutics based on HIF biology. The Company is involved in developing its lead product candidate, vadadustat, as an oral therapy for the treatment of anemia in chronic kidney disease (CKD) subjects not on dialysis and in subjects on dialysis. Its other clinical candidate, AKB-6899, is designed as a small molecule HIF prolyl-hydroxylase (HIF-PH) inhibitor with therapeutic benefit in oncology and ophthalmology. The Company is engaged in conducting approximately two global Phase III studies for the treatment of anemia in non-dialysis dependent patients, and over two Phase III studies for the treatment of anemia in dialysis-dependent CKD patients.

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