eMagin Corporation (NYSEMKT:EMAN) Files An 8-K Entry into a Material Definitive Agreement
Item 1.01 Entry into a Material Definitive Agreement.
On July 10, 2020, eMagin Corporation (the “Company”) entered into an amendment (the “Amendment”) to the At The Market Offering Agreement (the “Agreement”), dated November 22, 2019 and amended as of February 13, 2020, between the Company and H.C. Wainwright & Co., LLC , as sales agent (“Wainwright”). As previously disclosed in the Company’s Current Reports on Form 8-K, filed with the Securities and Exchange Commission on November 22, 2019 and February 13, 2020, respectively, under the terms of the Agreement, the Company may from time to time offer and sell shares of its common stock, par value $0.001 per share (the “Shares”) through Wainwright (the “ATM Offering”).
The Amendment amends the Agreement to reflect the filing of a new registration statement on Form S-3 (File No. 333-239441) (due to the prior Form S-3 (File No. 333-218838) expiring in July 2020) and new prospectus supplement regarding the ATM Offering to qualify the offering under the new registration statement on Form S-3. The termination provisions of the Agreement, which provide that the Agreement will remain in force until the date that the Agreement is terminated by either party upon proper notice or otherwise by mutual agreement of the parties, remain unchanged.
The Amendment is filed as Exhibit 10.3 to this report. The above description of the Amendment does not purport to be complete and is qualified in its entirety by reference to the Amendment filed herewith as an exhibit to this report.
The opinion of the Company’s counsel regarding the validity of the Shares that will be issued to the Agreement is also filed herewith as Exhibit 5.1.
This report shall not constitute an offer to sell or the solicitation of an offer to buy nor shall there be any sale of the Shares in any state in which such offer, solicitation or sale would be unlawful prior to registration or qualification under the securities laws of any such state.
Item 9.01.Financial Statements and Exhibits.
(d) Exhibits. The following documents are filed as exhibits to this report:
*The foregoing Exhibits are hereby incorporated by reference into the Company’s Registration Statement on Form S-3 (File No. 333-239441), filed with the SEC on June 26, 2020, as declared effective on July 10, 2020, to the Securities Act of 1933, as amended.
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EMAGIN CORP Exhibit
EX-5.1 2 eman-20200710xex5_1.htm Exhibit 5.1 Goodwin Opinion Goodwin Procter LLP 100 Northern Avenue Boston,…
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About eMagin Corporation (NYSEMKT:EMAN)
eMagin Corporation is engaged in the manufacture of microdisplays using organic light emitting diode (OLED) technology. The Company designs, develops, manufactures and markets OLED on silicon microdisplays, virtual imaging products that utilizes OLED microdisplays and related products. The Company also performs research in the OLED field. The Company’s virtual imaging products integrate OLED technology with silicon chips to produce microdisplays smaller than one-inch diagonally, which when viewed through a magnifier, create virtual images that appear comparable in size to that of a computer monitor or a large-screen television. The Company offers its products to OEMs and other buyers as both separate components, integrated bundles coupled with its own optics, or full systems. The Company also offers engineering support. Its products include SVGA+ OLED Microdisplay Series, Digital SVGA OLED-XL, SXGA096 OLED-XL/XLS, SXGA OLED-XL, WUXGA OLED-XL, VGA OLED-XL and Integrated Modules.
