On February 3, 2023 Moleculin Biotech, Inc. ("Company") delivered written notice to Oppenheimer & Co. Inc. (the "Agent") that it was terminating its At Market Issuance Sales Agreement, dated June 25, 2021 (the "ATM Agreement"), pursuant to Section 13(b) of the ATM Agreement, effective on February 13, 2023 (Filing, 8-K, Moleculin, FEB 3, 2023, View Source [SID1234626828]). Pursuant to the ATM Agreement, the Company could offer and sell, from time to time, through the Agent, shares of the Company’s common stock having an aggregate offering price of up to $50,000,000. During the term of the ATM Agreement, the Company did not sell any shares of its common stock thereunder. The ATM Agreement was terminable at will by the Company with no penalty.

A copy of the ATM Agreement was filed as Exhibit 1.1 to the Company’s Current Report on Form 8-K filed with the Securities and Exchange Commission on June 25, 2021 (the "Prior Form 8-K"). The description of the ATM Agreement contained herein does not purport to be complete and is qualified in its entirety by reference to the copy of the Sales Agreement filed as Exhibit 1.1 to the Prior Form 8-K.

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