Current Report

 



 

 

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): September 30, 2016


Heat Biologics, Inc.

(Exact name of registrant as specified in charter)


Delaware

(State or other jurisdiction of incorporation)

 

001-35994

26-2844103

(Commission File Number)

(IRS Employer Identification No.)


801 Capitola Drive

Durham, NC  27713

(Address of principal executive offices and zip code)


(919) 240-7133

(Registrant’s telephone number including area code)

 

N/A

(Former Name and Former Address)


Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of registrant under any of the following provisions:

 

 

¨

Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)


 

¨

Soliciting material pursuant to Rule 14a-12(b) under the Exchange Act (17 CFR 240.14a-12)


 

¨

Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))


 

¨

Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

 


 

 



 



Item 1.01.  Entry into a Material Definitive Agreement.


As previously reported, on August 22, 2014, Heat Biologics, Inc. (the “Company”), Heat Biologics I, Inc., Heat Biologics III, Inc. and Heat Biologics IV, Inc. (collectively, the “Borrower”) entered into a  Loan and Security Agreement (the “Loan and Security Agreement”) with Square 1 Bank (now known as Pacific Western Bank, the “Lender”).  On September 30, 2016, the Company made a payment to the Lender in the amount of $1,500,000 to reduce the outstanding principal under the Loan and Security Agreement.  The repayment was effected with the proceeds from the recent exercise of warrants.  In connection with the payment, the Lender agreed that the Company no longer was required to meet the  clinical enrollment covenant contained in the Loan and Security Agreement, consistent with the Company’s new clinical trial schedule as announced on September 14, 2016.





 



  

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.


Dated:  October 6, 2016

HEAT BIOLOGICS, INC.

 

 

 

 

 

 

By:

/s/ Jeffrey Wolf

 

Name:

Jeffrey Wolf

 

Title:

Chairman, President and Chief Executive Officer