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BIOD > SEC Filings for BIOD > Form 8-K on 20-Jun-2013All Recent SEC Filings

Show all filings for BIODEL INC

Form 8-K for BIODEL INC


Other Events

Item 8.01 Other Events.

On June 19, 2013, Biodel Inc. (the "Company") entered into an underwriting agreement (the "Underwriting Agreement") with the several underwriters (collectively, the "Underwriters") named in the Underwriting Agreement for which William Blair & Company, L.L.C. is acting as representative, relating to an underwritten public offering of 4,482,760 shares (the "Shares") of the Company's common stock, par value $0.01 per share (the "Common Stock"). All of the Shares are being sold by the Company. The offering price to the public is $4.3500 per share, and the Underwriters have agreed to purchase the Shares from the Company pursuant to the Underwriting Agreement at a price of $4.1325 per share. After deducting the underwriting discount and estimated offering expenses payable by the Company, the Company expects to receive net proceeds from the offering of approximately $18.3 million. Under the terms of the Underwriting Agreement, the Company has granted the Underwriters an option, exercisable for 30 days, to purchase up to an additional 672,414 shares of Common Stock to cover over-allotments, if any, at the same price per share.

The Shares will be issued pursuant to a shelf registration statement the Company filed with the Securities and Exchange Commission, which became effective on May 28, 2013 (File No. 333-188576). A prospectus supplement relating to the offering has been filed with the Securities and Exchange Commission. The closing of the offering is expected to take place on June 24, 2013, subject to the satisfaction of customary closing conditions.

A copy of the Underwriting Agreement is attached as Exhibit 1.1 hereto and is incorporated herein by reference. The foregoing description of the material terms of the Underwriting Agreement does not purport to be complete and is qualified in its entirety by reference to such exhibit.

The legal opinion and consent of Hand Baldachin & Amburgey LLP relating to the Shares is attached as Exhibit 5.1 hereto.

Item 9.01.

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