Item 5. Other Information
ITEM 5. OTHER INFORMATION.
None.
ITEM 6. EXHIBITS
The following exhibits are filed herewith:
Exhibit No.
Description
2.1
Share Exchange Agreement, dated February 8, 2016 (1)
3.1
Articles of Incorporation of the Company (2)
3.2
Bylaws of the Company (3)
3.3
Certificate of Amendment to Articles of Incorporation filed on March 21, 2016 (4)
3.4
Certificate of Amendment to Articles of Incorporation filed on December 21, 2016 (5)
3.5
Certificate of Amendment to Articles of Incorporation filed on March 30, 2020 (6)
3.6
Certificate of Amendment to Articles of Incorporation filed on February 17, 2021 (29)
4.1
Form of Warrant (7)
4.2
Form of Investor Warrant dated May 16, 2022(32)
10.1
Collaboration Agreement dated December 29, 2015 (8)
10.2
Collaborative Agreement and Milestone Payment Agreement dated June 9, 2016 (9)
10.3
Employment Agreement with Kira Huang (10)
10.4
Addendum to the Collaboration Agreement dated January 12, 2017 (11)
10.5
Collaboration Agreement with BioFirst dated July 24, 2017 (12)
10.6
Co-Development Agreement with Rgene dated May 26, 2017 (13)
10.7
Employment Agreement with Dr. Howard Doong (14)
10.8
Employment Agreement with Dr. Chi-Hsin Richard King (15)
10.9
Employment Agreement with Chihliang An (25)
10.10
Business Loan Agreement entered by and between Cathay Bank and American BriVision (Holding) Corporation (16)
10.11
Promissory Note entered by American BriVision (Holding) Corporation (17)
10.12
Form of Commercial Security Agreement (18)
10.13
Form of Exchange Agreement entered into by and between the Company and non-US person (19)
10.14
Form of Exchange Agreement entered into by and between the Company and non-US person (20)
10.15
Form of Securities Purchase Agreement entered into by and between the Company and U.S. investors (21)
10.16
Form of Securities Purchase Agreement entered into by and between the Company and non-U.S. investors (22)
10.17
Amended and Restated American BriVision (Holding) Corporation 2016 Equity Incentive (26)
69
10.18
Form of Securities Purchase Agreement (27)
10.19
Form of Convertible Promissory Note (27)
10.20
Amendment No. 1 to Promissory Note (28)
10.21
Joint Venture Agreement between the Company, Lucidiam Co., Ltd. And BioLite Japan K.K. (30)
10.22
Amendment to the Collaboration Agreement dated December 29, 2015
10.23
Clinical Development Service Agreement with Rgene (portions of the exhibit have been omitted because they (i) are not material and (ii) is the type of information that the registrant treats as private or confidential.)(31)
10.24
Convertible Note issued to Regene, dated June 16, 2022(31)
10.25
Form of Securities Purchase Agreement dated May 12, 2022 (32)
31.1
Certifications pursuant to Rule 13a-14(a) or 15d-14(a) under the Securities Exchange Act of 1934, as amended, as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002.+
31.2
Certifications pursuant to Rule 13a-14(a) or 15d-14(a) under the Securities Exchange Act of 1934, as amended, as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002.+
32.1
Certifications pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.*+
32.2
Certifications pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.*+
101.INS
Inline XBRL Instance Document.+
101.SCH
Inline XBRL Taxonomy Extension Schema Document.+
101.CAL
Inline XBRL Taxonomy Extension Calculation Linkbase Document.+
101.DEF
Inline XBRL Taxonomy Extension Definition Linkbase Document.+
101.LAB
Inline XBRL Taxonomy Extension Label Linkbase Document.+
101.PRE
Inline XBRL Taxonomy Extension Presentation Linkbase Document.+
104
Cover Page Interactive Data File (formatted as Inline XBRL and contained in Exhibit 101).
*
In accordance with SEC Release 33-8238, Exhibits 32.1 and 32.2 are being furnished and not filed.
+
Filed herewith
(1)
Incorporated by reference to Exhibit 10.1 to the Company’s Current Report on Form 8-K, filed on February 16, 2016.
(2)
Incorporated by reference to Exhibit 3.01 to the Company’s Form SB-2 filed on June 28, 2002
(3)
Incorporated by reference to Exhibit 3.02 to the Company’s Form SB-2, filed on June 28, 2002
(4)
Incorporated by reference to Exhibit 4.1 to the Company’s Current Report on Form 8-K, filed on March 28, 2016.
(5)
Incorporated by reference to Exhibit 3.4 to the Company’s Form S-1, filed on September 13, 2016.
(6)
Incorporated by reference to Exhibit 3.1 to the Company’s Form 8-K, filed on April 7, 2020
(7)
Incorporated by reference to Exhibit 4.1 the Company’s Current Report on Form 8-K, filed on April 24, 2020
(8)
Incorporated by reference to Exhibit 10.2 the Company’s Current Report on Form 8-K, filed on February 16, 2016.
(9)
Incorporated by reference to Exhibit 99.1 to the Company’s Current Report on Form 8-K, filed on June 9, 2016.
(10)
Incorporated by reference to Exhibit 10.3 to the Company’s Annual Report on Form 10-K, filed on January 12, 2017.
(11)
Incorporated by reference to Exhibit 99.1 to the Company’s Current Report on Form 8-K, filed on February 22, 2017.
(12)
Incorporated by reference to Exhibit 10.1 to the Company’s Current Report on Form 8-K, filed on July 24, 2017.
(13)
Incorporated by reference to Exhibit 99.1 to the Company’s Current Report on Form 8-K, filed on May 30, 2017.
(14)
Incorporated by reference to Exhibit 10.1 to the Company’s Current Report on Form 8-K, filed on September 20, 2017.
(15)
Incorporated by reference to Exhibit 10.3 to the Company’s Current Report on Form 8-K, filed on September 20, 2017.
70
(16)
Incorporated by reference to Exhibit 10.1 to the Company’s Current Report on Form 8-K, filed on February 1, 2019.
(17)
Incorporated by reference to Exhibit 10.2 to the Company’s Current Report on Form 8-K, filed on February 1, 2019.
(18)
Incorporated by reference to Exhibit 10.3 to the Company’s Current Report on Form 8-K, filed on February 1, 2019.
(19)
Incorporated by reference to Exhibit 10.1 to the Company’s Current Report on Form 8-K, filed on April 24, 2020.
(20)
Incorporated by reference to Exhibit 10.3 to the Company’s Current Report on Form 8-K, filed April 14, 2020.
(21)
Incorporated by reference to Exhibit 10.15 to the Company’s Annual Report on Form 10-K, filed May 15, 2020.
(22)
Incorporated by reference to Exhibit 10.16 to the Company’s Annual Report on Form 10-K, filed May 15, 2020
(23)
Incorporated by reference to Exhibit 14.1 to the Company’s Amendment No.1 to Form S-1, filed on November 14, 2016.
(24)
Incorporated by reference to 21.1 to the Company’s Form S-1, filed on September 13, 2016.
(25)
Incorporated by reference to Exhibit 10.9 to the Company’s Annual Report on Form 10-K, filed May 15, 2020.
(26)
Incorporated by reference to Exhibit 10.17 to the Company’s Annual Report on Form 10-K, filed March 16, 2021.
(27)
Incorporated
by reference to the Current Report on Form 8-K filed on November 5, 2020.
(28)
Incorporated
by reference to the Current Report on Form 8-K filed on June 8, 2021.
(29)
Incorporated
by reference to the Quarterly Report on Form 10-Q filed on May 10, 2021.
(30)
Incorporated
by reference to the Current Report on Form 8-K filed on October 8, 2021.
(31)
Incorporated
by reference to the Current Report on Form 8-K filed on June 21, 2022.
(32)
Incorporated
by reference to the Current Report on Form 8-K filed on May 12, 2022.
71
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 thereunto duly authorized.
ABVC BioPharma, Inc.
Dated: August 15, 2022
By:
/s/ Howard Doong
Howard Doong
Chief Executive Officer
(Principal Executive Officer)
ABVC BioPharma, Inc.
Dated: August 15, 2022
By:
/s/ Chihliang An
Chihliang An
Chief Financial Officer
(Principal Financial Officer)
72
Text extracted from the filing as submitted to EDGAR. Formatting, tables and exhibits are simplified for reading; the original document is authoritative for anything you rely on.