SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
PURSUANT TO SECTION 13 OR 15(d)
OF THE SECURITIES EXCHANGE ACT OF 1934
Date of report (Date of earliest event reported): June 1, 2011
(Exact name of registrant as specified in its charter)
701 Gateway Boulevard, Suite 210, South San Francisco, CA 94080
(Address of principal executive offices)
Registrants telephone number, including area code: (650) 635-7000
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the obligation of the registrant under any of the following provisions:
TABLE OF CONTENTS
On June 1, 2011, OXiGENE, Inc. (OXiGENE or we) filed a prospectus supplement to its shelf registration statement on Form S-3 (File No. 333-155371) previously filed with the Securities and Exchange Commission (the SEC) relating to the sale of an additional $6,110,000 of OXiGENE common stock from time to time pursuant to the At Market Issuance Sales Agreement, dated July 21, 2010 (the Agreement), by and between OXiGENE and McNicoll, Lewis & Vlak LLC, as Agent. We previously filed with the SEC a prospectus supplement dated July 21, 2010 relating to the sale of 14,250,000 shares of common stock pursuant to the Agreement and a prospectus supplement dated January 31, 2011 relating to the sale of up to $4,790,000 of OXiGENE common stock. As of June 1, 2011, shares of common stock in an aggregate offering amount of $9,073,571 have been sold under the July 21, 2010 and January 31, 2011 prospectus supplements, and no further sales of shares will be made under such prospectus supplements. Sales of common stock under the June 1, 2011 prospectus supplement will be made from time to time as market conditions warrant, in OXiGENEs discretion.
The Agreement has been previously filed as Exhibit 10.1 to our Current Report on Form 8-K on July 21, 2010 and is incorporated herein by reference. A copy of the opinion of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., relating to the legality of the shares, is filed as Exhibit 5.1 to this Current Report and is incorporated by reference into the registration statement.
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.