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ASTM > SEC Filings for ASTM > Form 8-K on 29-Nov-2013All Recent SEC Filings

Show all filings for AASTROM BIOSCIENCES INC



Entry into a Material Definitive Agreement, Financial Statements and Exhi

Item 1.01. Entry into a Material Definitive Agreement

On June 16, 2011, Aastrom Biosciences, Inc., a Michigan corporation (the "Company") entered into an At Market Issuance Sales Agreement (the "Sales Agreement") with MLV & Co. LLC ("MLV") pursuant to which the Company has previously sold an aggregate of $4.4 million of its common stock through MLV, acting as agent. On November 29, 2013, the Company and MLV entered into an Amendment No. 1 to the Sales Agreement in order to reference a new registration statement and prospectus under which sales can be made (because of the expiration of the prior registration statement). The amendment left unchanged the aggregate offering price which may be offered under the Sales Agreement and approximately $15.9 million remains available for issuance.

The description of Amendment No. 1 to the Sales Agreement set forth above is qualified in its entirety by reference to the Amendment No. 1 to At Market Issuance Sales Agreement filed as an exhibit to this Current Report on Form 8-K and incorporated herein by this reference. The original At Market Issuance Sales Agreement was previously filed by the Company as Exhibit 10.1 to the Company's Current Report on Form 8-K filed with the Securities and Exchange Commission (the "SEC") on June 16, 2011.

The shares will be issued pursuant to the Company's shelf registration statement (the "Registration Statement") on Form S-3 (File No. 333-174945) filed on June 16, 2011 with the SEC. In connection with the offering contemplated by the Sales Agreement, the Company has filed a prospectus supplement, dated November 29, 2013 to the prospectus, dated July 18, 2011 that is part of the Registration Statement.

Item 9.01. Financial Statements and Exhibits.

(d) Exhibits.

Number                                   Description
    1.1     Amendment No.1 to At Market Issuance Sales Agreement between Aastrom
            Biosciences, Inc. and MLV & Co. LLC dated November 29, 2013.
    5.1     Opinion of Dykema Gossett PLLC
   23.1     Consent of Dykema Gossett PLLC (included as part of Exhibit 5.1)

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