On October 23, 2019, SeaSpine Holdings Corporation (the “Company”) delivered written notice to Cantor Fitzgerald & Co. (“Cantor Fitzgerald”) to terminate that certain Controlled Equity OfferingSM>Sales Agreement (the “Sales Agreement”), dated March 1, 2019, between the Company and Cantor Fitzgerald, to Section 12(b) thereof, and thereafter the Company and Cantor Fitzgerald mutually agreed to terminate the Sales Agreement effective as of October 23, 2019. The Company is not subject to any termination penalties related to the termination of the Sales Agreement. The Sales Agreement implemented an “at-the-market” equity offering program under which the Company could offer and sell shares of its common stock having an aggregate offering price of up to $50.0 million from time to time through Cantor Fitzgerald as sales agent. No shares of the Company’s common stock were sold under the Sales Agreement before October 23, 2019, and no such shares will be sold on or thereafter.
A copy of the Sales Agreement was filed as Exhibit 10.1 to the Company’s Current Report on Form 8-K filed with the Securities and Exchange Commission on March 1, 2019 (the “Prior Form 8-K”). The description of the Sales Agreement contained in this Current Report on Form 8-K does not purport to be complete and is qualified in its entirety by reference to the Sales Agreement filed as Exhibit 10.1 to the Prior Form 8-K.
On October 29, 2019, the Company issued a press release announcing its financial results for the three months ended September 30, 2019 and updating revenue guidance for full-year 2019. A copy of the press release is furnished as Exhibit 99.1.
The information under this Item 2.02 and in Exhibit 99.1 is being furnished and is not being filed for purposes of Section 18 of the Securities Exchange Act of 1934 and is not to be incorporated by reference into any filing of the registrant under the Securities Act of 1933 or the Securities Exchange Act of 1934, whether made before or after the date hereof, regardless of any general incorporation language in any such filing, except as shall be expressly set forth by specific reference in such a filing.
(d) Exhibits
SeaSpine Holdings Corp Exhibit
EX-96.1 2 spneexhibit991q32019.htm EXHIBIT 96.1 Exhibit Exhibit 99.1SeaSpine Reports Record Revenue,…
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About SeaSpine Holdings Corporation (NASDAQ:SPNE)

SeaSpine Holdings Corporation is a medical technology company. The Company is focused on the design, development and commercialization of surgical solutions for the treatment of patients suffering from spinal disorders. The Company operates through the development, manufacture and marketing of orthobiologics and spinal fusion hardware segment. It has a portfolio of orthobiologics and spinal fusion hardware solutions to meet the varying combinations of products that neurosurgeons and orthopedic spine surgeons need to perform fusion procedures in the lumbar, thoracic and cervical spine. It offers a portfolio of orthobiologics and spinal fusion hardware products for the treatment of patients suffering from spinal and other orthopedic disorders. Its orthobiologics products consist of a range of bone graft substitutes that are designed to improve bone fusion rates following a range of orthopedic surgeries, including spine, hip and extremities procedures.