Washington, D.C. 20549
Date of Report (Date of earliest event reported): December 14, 2012
(Exact name of registrant as specified in its charter)
Registrants telephone number, including area code: (484) 567-0130
(Former name or former address if changed since last report.)
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:
o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
Item 8.01 Other Events.
On December 14, 2012, NuPathe Inc. (NuPathe) filed a post-effective amendment on Form S-3 to the Form S-1 Registration Statement that NuPathe originally filed on August 2, 2011 (File No. 333-175987) (the Registration Statement). The purpose of the amendment was to update certain information contained in the registration statement, as required pursuant to the common stock purchase agreement (the Purchase Agreement) and the registration rights agreement between NuPathe and Aspire Capital Fund, LLC (Aspire Capital). The amendment does not add shares to the Registration Statement and the terms of the Purchase Agreement and registration rights agreement have not changed from what was previously reported in August 2011.
As of the filing of this Form 8-K, NuPathe has not made any sales to Aspire Capital under the Purchase Agreement other than the shares issued as a commitment fee and the shares sold to Aspire Capital upon execution of the agreement. Future sales, if any, will be made at the election of NuPathe, upon the terms and subject to the conditions and limitations set forth in the Purchase Agreement.
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.
Dated: December 14, 2012