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): May 30, 2019

 

XBIOTECH INC.

(Exact name of Registrant as specified in its charter)

 

British Columbia, Canada
(State of Incorporation)
001-37347

(Commission File Number)

 

N/A

(I.R.S. Employer Identification No.)

 

5217 Winnebago Lane Austin, TX (Address of principal executive offices)

78744 (Zip Code)

 

(512) 386-2900

(Registrant’s telephone number, including area code)

 

(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))

 

Securities registered pursuant to Section 12(b) of the Act:

 

Title of each class	Trading Symbol(s)	Name of each exchange on which registered
Common Stock, no par value	XBIT	NASDAQ Global Select Market

 

Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter)

 

Emerging growth company ý

 

If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ¨

 

 

Item 1.02

Termination of a Material Definitive Agreement.

 

On May 30, 2019, XBiotech Inc. (the “Company”) and Piper Jaffray & Co (“Piper Jaffray”) consented to the termination of an Equity Distribution Agreement (the “Sales Agreement”), which was entered into on April 30, 2019 and described in a Form 8-K filing on May 1, 2019, with immediate effect.

 

 

 

 

 

 

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.

 

	XBIOTECH INC.
Date: May 30, 2019
	By:	/s/ John Simard
		John Simard
		Chief Executive Officer and President