ENTEROMEDICS INC. (NASDAQ:ETRM) Files An 8-K Regulation FD DisclosureItem 7.01Regulation FD Disclosure.
On August10, 2017, EnteroMedics Inc. (the “Company”) agreed to issue warrants to purchase an aggregate of 2,581,750 shares of common stock, par value $0.01 per share, of the Company, to certain parties (each, a “Holder”) to the Securities Purchase Agreement (as amended, the “Purchase Agreement”), dated November4, 2015, between the Company and the other parties named therein, as consideration for the waiver by each of the Holders of their right to participate in future securities offerings by the Company, which rights were granted to the Purchase Agreement. The warrants will be in substantially the same form, and on the same terms as, the warrants issued to the underwritten public offering that the Company announced on August10, 2017. The warrants and shares of common stock underlying the warrants will be registered under the Company’s effective registration statement on FormS-3 and offered to a prospectus supplement that will describe the specific terms of the offering of the warrants.
The information furnished herewith to Item 7.01 of this Current Report is being “furnished” in accordance with General Instruction B.2 of Form8-K and shall not be deemed “filed” for purposes of Section18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or otherwise subject to the liabilities of that section, nor shall it be deemed to be incorporated by reference in any filing under the Securities Act of 1933, as amended, or the Exchange Act, whether made before or after the date hereof, regardless of any general incorporation language in such filing.