Current Report · Items 1.01, 9.01 · 8-K
VisionWave Holdings, Inc.
VWAVNASDAQEQUITYCurrent
Entry into a Material Definitive Agreement
Item 1.01. Entry into a Material Definitive Agreement. On September 18, 2026, VisionWave Holdings, Inc. (the “Company”), entered into an At The Market Issuance Sales Agreement (the “ATM Agreement”) with Aegis Capital Corp., as agent (the “Agent”), pursuant to which the Company may offer and sell, from time to time through the Agent, shares of the Company’s common stock, par value $0.01 per share (…
Filed Sep 18, 2026Accepted Sep 18, 2026, 5:30 PM EDTCIK 2038439Accession 0001731122-26-001264
Company context
VisionWave Holdings, Inc. (the “Company,” “VisionWave,” “we,” “us,” or “our”) is a Delaware corporation formed on September 4, 2024, with principal executive offices located at 300 Delaware Avenue, Suite 210 #301, Wilmington, Delaware 19801. Our common stock trades on The Nasdaq Global Market under the symbol “VWAV,” and our publicly traded warrants trade under the symbol “VWAVW.” We maintain a website at www.vwav.inc, where additional information about our business can be found. The information contained on, or that can be accessed through, our website is not incorporated by reference into, and is not a part of, this prospectus.
Current securities
Registered securities in this filing
VisionWave Holdings, Inc. · 8-K · Filed 2026-09-18
As filed in this accession. Current/historical status below comes from the governed listing record; the cover itself remains exact to this filing.
Common Stock, par value $0.01 per share
- Exchange
- NASDAQ
- Classification
- COMMON
- Status
- Current
Filing context
Context: From2026-09-182026-09-18_custom_CommonStockParValue0.01PerShareMember
Dimensions: us-gaap:StatementClassOfStockAxis
Redeemable Warrants, each whole warrant exercisable for one share of Common Stock at an exercise price of $11.50
- Exchange
- NASDAQ
- Classification
- WARRANT
- Status
- Current
Filing context
Context: From2026-09-182026-09-18_custom_RedeemableWarrantsEachWholeWarrantExercisableForOneShareOfCommonStockAtExercisePriceOf11.50Member
Dimensions: us-gaap:StatementClassOfStockAxis
Accession 000173112226001264 · 2 registered-security cover members
Read the exact SEC filing ↗Disclosure sections
Items 1.01, 9.01Select an item to read the extracted section. The as-filed document remains the primary evidence.
Item 1.01Item 1.01 - Entry into Material Agreement
Item 1.01. Entry into
a Material Definitive Agreement.
On September 18, 2026, VisionWave
Holdings, Inc. (the “Company”), entered into an At The Market Issuance Sales Agreement (the “ATM Agreement”)
with Aegis Capital Corp., as agent (the “Agent”), pursuant to which the Company may offer and sell, from time to time through
the Agent, shares of the Company’s common stock, par value $0.01 per share (the “Common Stock”), having an aggregate
offering price of up to $30,000,000 (the “Shares”).
The offer and sale of the
Shares will be made pursuant to a shelf registration statement on Form S-3 and the related prospectus (File No. 333-297939) (the “Registration
Statement”) filed by the Company with the Securities and Exchange Commission (the “SEC”) on August 3, 2026, as amended
and declared effective by the SEC on September 1, 2026, under the Securities Act of 1933, as amended (the “Securities Act”),
and prospectus supplement related to the offering of Shares filed with the SEC on September 18, 2026..
Pursuant to the ATM Agreement,
the Agent may sell the Shares by any method permitted by law deemed to be an “at the market offering” as defined in Rule 415
of the Securities Act, including sales made directly on the Nasdaq Global Market or on any other existing trading market or directly to
Agent as principal in negotiated transactions for the Common Stock, to or through a market maker or any other method permitted by law.
The Agent will use commercially reasonable efforts consistent with its normal trading and sales practices to sell the Shares from time
to time, based upon instructions from the Company, including any price or size limits or other customary parameters or conditions the
Company may impose.
Under the terms of the ATM
Agreement, in no event will the Company issue or sell through the Agent such number or dollar amount of shares of Common Stock that would
exceed the lesser of (i) $30.0 million or (ii) the Company’s maximum offering amount permitted to be sold under its then current
shelf registration statement capacity on Form S-3 (including General Instruction I.B.6 thereof, if applicable).
The Company is not obligated
to make any sales of the Shares under the ATM Agreement, and the Agent is not obligated to purchase any Shares on a principal basis pursuant
to the ATM Agreement, except as otherwise specifically agreed by the Agent and the Company in a separate agreement. No assurance can be
given that the Company will sell any Shares under the ATM Agreement, or if such sales occur, no assurance can be given as to the price
or number of Shares that will be sold, or the dates on which any such sales will take place. The offering pursuant to the ATM Agreement
will terminate upon the earlier of (i) the issuance and sale of all shares of our common stock subject to the ATM Agreement, or (ii) the
termination of the ATM Agreement as permitted therein.
The Company will pay the
Agent a commission rate equal to 2.0% of the aggregate gross proceeds from each sale of Shares and has agreed to provide the Agent with
customary indemnification and contribution rights. The Company will also reimburse the Agent for certain specified expenses in connection
with entering into the ATM Agreement, including for the documented fees and costs of its legal counsel reasonably incurred in connection
with entering into the transactions contemplated by the ATM Agreement in an amount not to exceed $37,500 in the aggregate, in addition
to periodic due diligence fees, plus any incidental expense incurred by the Agent in connection therewith. The ATM Agreement contains
customary representations and warranties and conditions to the sale of the Shares pursuant thereto.
We currently intend to use
the net proceeds from the sale of Shares, if any, for general corporate and working capital purposes, however the amounts and timing of
our actual expenditures may vary significantly depending on numerous factors, and as a result, our management will retain broad discretion
over the allocation of the net proceeds from the sale of Shares.
The foregoing description
of the ATM Agreement is not complete and is qualified in its entirety by reference to the full text of such agreement, a copy of which
is filed herewith as Exhibit 10.1 to this Current Report on Form 8-K and is incorporated herein by reference. The opinion of Sheppard,
Mullin, Richter & Hampton LLP, the Company’s counsel, regarding the validity of the Shares that will be issued pursuant to the
ATM Agreement, is also filed herewith as Exhibit 5.1.
This Current Report on Form
8-K shall not constitute an offer to sell or the solicitation of an offer to buy the Common Stock discussed herein, nor shall there be
any offer, solicitation, or sale of common stock in any state in which such offer, solicitation or sale would be unlawful prior to registration
or qualification under the securities laws of any such state.