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): February 15, 2024
HARROW, INC.
(Exact name of registrant as specified in its charter)
Delaware | 001-35814 | 45-0567010 | ||
(State or other jurisdiction of incorporation) | (Commission File Number) | (IRS Employer Identification No.) |
102 Woodmont Blvd., Suite 610 | ||
Nashville, Tennessee | 37205 | |
(Address of principal executive offices) | (Zip Code) |
Registrant’s telephone number, including area code: (615) 733-4730
Not Applicable |
(Former Name or Former Address, if Changed Since Last Report) |
Securities registered pursuant to Section 12(b) of the Act:
Title of each class | Trading Symbol(s) | Name on exchange on which registered | ||
8.625% Senior Notes due 2026 | HROWL | The Nasdaq Stock Market LLC | ||
11.875% Senior Notes due 2027 | HROWM | The Nasdaq Stock Market LLC |
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:
☐ | Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
☐ | Soliciting material pursuant to Rule 14a-12 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)) |
Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 or Rule 12b-2 of the Securities Act of 1934: Emerging growth company ☐
If any 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 8.01 Other Items.
On February 15, 2024, Harrow, Inc. announced that it and some of its wholly-owned subsidiaries (together, the “Company”) had entered into a licensing agreement (the “Agreement”) with Apotex Inc. (“Apotex”). Under the terms of the Agreement, Apotex licensed from the Company exclusive rights and marketing authorizations of the following products in the Canadian market: VERKAZIA (cyclosporine ophthalmic emulsion) 0.1%; and Cationorm PLUS. In addition, Apotex agreed to pursue regulatory approval in Canada for VEVYE (cyclosporine ophthalmic solution) 0.1%; IHEEZO (chloroprocaine hydrochloride ophthalmic gel) 3%; and ZERVIATE (cetirizine ophthalmic solution) 0.24%. In consideration for such rights, the Company will be eligible to receive certain milestone payments based on manufacturing related events, regulatory approval and commercial activities along with royalties on net sales of the products.
A copy of the press release announcing the Agreement is filed as Exhibit 99 to this report.
Item 9.01 Financial Statements and Exhibits.
(d) | Exhibits | |
Exhibit No. | Description | |
99 | Press Release of Harrow, Inc. dated February 15, 2024 | |
104 | Cover Page Interactive Data File (embedded within the Inline XBRL document) |
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.
HARROW, INC. | ||
Dated: February 15, 2024 | By: | /s/ Andrew R. Boll |
Andrew R. Boll | ||
Chief Financial Officer |