UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, DC 20549
Form
CURRENT REPORT
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| Item 8.01 | Other Events. |
On October 4, 2021, Energous Corporation (the “Company”) filed with the SEC a prospectus supplement dated October 4, 2021 covering the issuance and sale of shares of the Company’s common stock having an aggregate offering price of up to $35,000,000 (the “Shares”) pursuant to the Company’s at-the-market offering program with B. Riley Securities, Inc., Roth Capital Partners, LLC and Ladenburg Thalmann & Co. Inc. The sale of the Shares will be made pursuant to the Registration Statement on Form S-3 (File No. 333-248832) and the prospectus contained therein, as supplemented by the prospectus supplement.
A copy of the opinion of Fenwick & West LLP, relating to the validity of the Shares in connection with the Offering, is filed with this Current Report on Form 8-K as Exhibit 5.1.
This Current Report on Form 8-K shall not constitute an offer to sell or the solicitation of an offer to buy the Common Stock discussed herein, nor shall there be any offer, solicitation, or sale of common stock in any state in which such offer, solicitation or sale would be unlawful prior to registration or qualification under the securities laws of any such state.
| Item 9.01. | Financial Statements and Exhibits. |
(d) Exhibits.
| Exhibit No. |
Description | |
| 5.1 | Opinion of Fenwick & West LLP | |
| 23.1 | Consent of Fenwick & West LLP (contained in Exhibit 5.1) | |
| 104 | The cover page on this Current Report on Form 8-K, formatted in Inline XBRL | |
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: October 4, 2021 | By: | /s/ William Mannina | ||||
| William Mannina | ||||||
| Acting Chief Financial Officer |