Item 1.01 Entry into a Material Definitive Agreement
On
The Company is not obligated to sell, and the Agent is not obligated to buy or sell, any shares of common stock under the Sale Agreement. No assurance can be given that the Company will sell any shares of common stock under the Sale Agreement, or, if it does, as to the price or amount of shares of common stock that it sells or the dates when such sales will take place.
In the Sale Agreement, the Company agreed to indemnify the Agent against certain liabilities, including under the Securities Act of 1933, as amended, or to contribute payments that the Agent may be required to make because of such liabilities.
The shares of common stock sold pursuant to the Sale Agreement will be offered
pursuant to a shelf registration statement on Form S-3 (File No. 333233990),
which became effective on
A copy of the Sale Agreement is attached as Exhibit 1.1 hereto and is incorporated herein by reference. The foregoing description of the Sale Agreement does not purport to be complete and is qualified in its entirety by reference to the full text of the Sale Agreement.
A copy of the opinion of
Item 9.01 Financial Statements and Exhibits
(d) Exhibits Exhibit No. Description 1.1Odonate Therapeutics, Inc. Open Market Sale Agreement 5.1 Opinion ofGibson, Dunn & Crutcher LLP 23.1 Consent ofGibson, Dunn & Crutcher LLP (included in Exhibit 5.1) 104 Cover Page Interactive Data File (embedded within the Inline XBRL document)
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