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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): November 13, 2023
 
Avenue Therapeutics, Inc.
(Exact Name of Registrant as Specified in Charter)
 
Delaware
(State or Other Jurisdiction
of Incorporation)
001-38114
(Commission File Number)
47-4113275
(IRS Employer Identification No.)
 
1111 Kane Concourse, Suite 301
Bay Harbor Islands, Florida 33154
(Address of Principal Executive Offices)
 
(781) 652-4500
(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:
 
Written communications pursuant to Rule 425 under the Securities Act.
 
 
Soliciting material pursuant to Rule 14a-12 under the Exchange Act.
 
 
Pre-commencement communications pursuant to Rule 14d-2b under the Exchange Act.
 
 
Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act.
 
Securities registered pursuant to Section 12(b) of the Act:
 
Title of Class
Trading Symbol(s)
Exchange Name
Common Stock
ATXI
Nasdaq Capital Market
 
Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).
 
If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ☐
 


 
 

 
Item 2.02
Results of Operations and Financial Condition.
 
On November 13, 2023, Avenue Therapeutics, Inc. (the “Company” or “Avenue”) issued a press release to provide a corporate update and to announce its financial results for the three months ended September 30, 2023. A copy of such press release is being furnished as Exhibit 99.1 to this report.
 
The information, including Exhibit 99.1, in this Form 8-K is being furnished and shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to the liabilities of that Section. The information in this Form 8-K shall not be incorporated by reference into any filing under the Securities Act of 1933, as amended, except as shall otherwise be expressly set forth by specific reference in such filing.
 
Item 9.01
Financial Statements and Exhibits.
 
(d) Exhibits
 
The following exhibits are furnished herewith:
 
Exhibit
Number
 
Description
99.1
 
Press release dated November 13, 2023
104
 
Cover Page Interactive Data File (embedded within Inline XBRL document)
 
 

 
SIGNATURES
 
Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
 
 
AVENUE THERAPEUTICS, INC.
 
(Registrant)
   
Date: November 13, 2023
 
 
By:
/s/ David Jin
   
David Jin
   
Interim Principal Financial Officer and Chief Operating Officer