On December 24, 2018 On December 24, 2018, Delcath Systems, Inc. (the "Company") reported that it entered into an Exchange Agreement with an institutional investor (the "Holder") with respect to the following previously issued to Holder (I) that certain Warrant to Purchase Common Stock (the "Existing February Warrant"), issued to the Holder on February 9, 2018 (pursuant to (i) that certain Placement Agency Agreement, dated February 8, 2018, (ii) the Company’s Registration Statement on Form S-1 (File number 333-220898) and (iii) the Company’s final prospectus dated as of February 8, 2018) and which Existing February Warrant is currently exercisable into 130,000 shares of Common Stock (as defined in the Existing February Warrant) and (II) that certain Warrant to Purchase Common Stock (the "Existing November Warrant", and together with the Existing February Warrant, the "Existing Warrants"), issued to the Holder pursuant to that certain Exchange Agreement, dated November 15, 2017, by and between the Company and the Holder, (in exchange, in part, for that certain senior secured convertible note originally issued pursuant to that certain Securities Purchase Agreement, dated June 6, 2016, by and among the Company, the Holder and certain other buyers signatory thereto) and which Existing November Warrant is currently exercisable into 12,540 shares of Common Stock (Filing, 8-K, Delcath Systems, DEC 24, 2018, View Source [SID1234532278]). The Company issued to the Holder 142,540 shares of Common Stock (the "Exchange Shares") in exchange for the Existing Warrants (the "Exchange"). The Exchange was made in reliance upon the exemption from registration provided by Section 3(a)(9) of the Securities Act of 1933, as amended. Concurrently therewith, the Holder has executed and delivered to the Company a leak-out agreement which contains certain trading restrictions with respect to the Exchange Shares.

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