On January 8, 2026, Kala Bio Entered Into An ATM Offering Agreement With H.C. Wainwright & Co.; Shares Eligible For Sale Valued At $15M

On January 8, 2026, KALA BIO, Inc. (the "Company"), entered into an At The Market Offering Agreement (the "Sales Agreement") with H.C. Wainwright & Co., LLC ("Wainwright") providing for the sale and issuance by the Company of shares of its common stock, par value $0.001 per share (the "Common Stock") from time to time, through or to Wainwright as the Company's sales agent or principal in an "at the market offering" program and as set forth in the Sales Agreement (the "Offering").

 

The Company filed a prospectus supplement, dated January 8, 2026, including an accompanying base prospectus, dated May 11, 2023, contained therein (the "ATM Prospectus Supplement"), which together form a part of the Company's shelf registration statement on Form S-3 (File No. 333-270263), initially filed by the Company with the U.S. Securities and Exchange Commission (the "SEC") on March 3, 2023, as amended, and declared effective by the SEC on May 11, 2023 (the "Registration Statement") in connection with the offer and sale of shares of Common Stock pursuant to the Sales Agreement. The aggregate market value of the shares of Common Stock eligible for sale under the ATM Prospectus Supplement is currently $15,000,000.

 

Pursuant to the Sales Agreement, Wainwright has agreed to use its commercially reasonable efforts, consistent with applicable state and federal law, rules and regulations, and the rules of the Nasdaq Capital Market ("Nasdaq"), to sell the shares of Common Stock from time to time. The Company will designate the parameters for the sale of shares of Common Stock, including the number of shares to be issued, the time period during which sales are requested to be made, limitations on the number of shares that may be sold on any trading day and any minimum price below which sales may not be made. Subject to the terms and conditions of the Sales Agreement, Wainwright may sell the shares by methods deemed to be an "at the market offering" as defined in Rule 415(a)(4) promulgated under the Securities Act of 1933, as amended (the "Securities Act"), including without limitation, sales made directly on Nasdaq or on any other existing trading market for the Common Stock or to or through a market maker. In addition, with the Company's prior written approval, Wainwright may also sell shares in privately negotiated transactions or block transactions. The gross sales price of the shares of Common Stock sold by Wainwright under the Sales Agreement as sales agent shall be the market price for the shares of Common Stock on Nasdaq at the time of sale.

 

The Company has no obligation to sell any shares of Common Stock under the Sales Agreement and the Company or Wainwright may at any time suspend offers under the Sales Agreement, pursuant to the terms therein. Wainwright is not obligated to purchase any shares of Common Stock on a principal basis pursuant to the Sales Agreement, except as otherwise specifically agreed by Wainwright and the Company in a separate agreement. No assurance can be given that the Company will sell any shares of Common Stock under the Sales Agreement, or if such sales occur, no assurance can be given as to the price or number of shares that will be sold, or the dates on which any such sales will take place.