May 10, 2023 - 8-K: Current report filing | LIXTE Biotechnology Holdings, Inc. (LIXT)

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, D.C. 20549

FORM 8-K

CURRENT REPORT

PURSUANT TO SECTION 13 OR 15(d) OF THE

SECURITIES EXCHANGE ACT OF 1934

Date of Report (Date of earliest event reported): May 9, 2023

LIXTE BIOTECHNOLOGY HOLDINGS, INC.

delaware

001-39717

20-2903526

(State or other jurisdiction of

incorporation)

(Commission

File Number)

(IRS Employer

Identification No.)

680 East Colorado Blvd. Suite 180

Pasadena, California 91101

(Address of principal executive offices)

(631) 830-7092

(Registrant’s telephone number, including area code)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (See General Instruction A.2. below):

☐	Written communications pursuant to Rule 425 under the Securities Act of 1933 (17 CFR 230.425)
☐	Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
☐	Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
☐	Pre-commencement communications pursuant to Rule 13e-4(e) under the Exchange Act (17 CFR 240.13e-4(c))

Securities registered pursuant to Section 12(b) of the Act:

Title of Each Class	Trading Symbol(s)	Name of each exchange on which registered
Common Stock	LIXT	The Nasdaq Stock Market LLC
Warrant to Purchase Common Stock	LIXTW	The Nasdaq Stock Market LLC

Item 1.02

Termination of a Material Definitive Agreement.

At-the-Market Sales Agreement

Effective May 9, 2023, Lixte Biotechnology Holdings, Inc. (the “Company”) terminated the at-the-market sales agreement (the “Sales Agreement”), dated September 20, 2021, with WestPark Capital, Inc. (“WestPark Capital”) relating to the possible sale of up to $10,000,000 of shares of its common stock, from time to time, through WestPark Capital. No sales have been made under the Sales Agreement.

The foregoing description of the Sales Agreement is not complete and is qualified in its entirety by reference to the full text of the Sales Agreement, a copy of which was filed as Exhibit 10.1 to the Company’s Current Report on Form 8-K (File No. 001-39717) filed with the Securities and Exchange Commission on September 20, 2021, and incorporated herein by reference.

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SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

Date: May 9, 2023	LIXTE BIOTECHNOLOGY HOLDINGS, INC.

	By:	/s/ JOHN S. KOVACH
		John S. Kovach, President and Chief Executive Officer

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