OTHER INFORMATION.
−Removed: March 6, 2023, the Company received a comment from NASDAQ inquiring if there is a cap on the number of shares that can be issued pursuant
−Removed: to the private placement with Lind Global Fund II, LP (“Lind”), that closed in February
−Removed: 2023, since the conversion price of the related note is adjustable and since the Company has the option to pay the monthly payment
−Removed: under the note in shares of Common Stock at future prices.
−Removed: Since no such cap exists and there was no floor price for the conversion price
−Removed: of the notes or exercise price of the related warrants, the Company obtained shareholder approval as required by NASDAQ Listing Rule
−Removed: 5635(d) to authorize, for purposes of complying with Nasdaq Listing Rule 5635(d), the issuance of shares of Common Stock underlying the
−Removed: convertible notes and warrants issued by us in the Lind transaction, in an amount equal to or in excess of 20% of our common stock outstanding
−Removed: immediately prior to the issuance of such convertible note and warrants (including upon the operation of anti-dilution provisions
−Removed: contained in such convertible preferred stock and warrants).
−Removed: Additionally, the Company agreed not to issue any shares of Common Stock
−Removed: at a price that is less than 70% of the closing price of shares of Common Stock ($0.73) on the day the Lind transaction closed, which
−Removed: was $0.51 per share.
−Removed: following exhibits are filed herewith:
+Added: The following exhibits are filed herewith:
Share Exchange Agreement, dated February 8, 2016 (1)
1 unchanged sentence
Bylaws of the Company (3)
−Removed: Certificate of Amendment to Articles of Incorporation filed on March 21, 2016 (4)
−Removed: Certificate of Amendment to Articles of Incorporation filed on December 21, 2016 (5)
−Removed: Certificate of Amendment to Articles of Incorporation filed on March 30, 2020 (6)
−Removed: Certificate of Amendment to Articles of Incorporation filed on February 17, 2021 (29)
+Added: Certificate of Amendment to Articles of Incorporation
+Added: filed on March 21, 2016 (4)
+Added: Certificate of Amendment to Articles of Incorporation
+Added: filed on December 21, 2016 (5)
+Added: Certificate of Amendment to Articles of Incorporation
+Added: filed on March 30, 2020 (6)
+Added: Certificate of Amendment to Articles of Incorporation
+Added: filed on February 17, 2021 (29)
Form of Warrant (7)
1 unchanged sentence
Collaboration Agreement dated December 29, 2015 (8)
−Removed: Collaborative Agreement and Milestone Payment Agreement dated June 9, 2016 (9)
+Added: Collaborative Agreement and Milestone Payment Agreement
+Added: dated June 9, 2016 (9)
Employment Agreement with Kira Huang (10)
Addendum to the Collaboration Agreement dated January
+Added: 12, 2017 (11)
Collaboration Agreement with BioFirst dated July 24,
1 unchanged sentence
Employment Agreement with Dr.
−Removed: Howard Doong (14)
−Removed: Employment Agreement with Dr.
Chi-Hsin Richard King
Employment Agreement with Chihliang An (25)
−Removed: Business Loan Agreement entered by and between Cathay Bank and American BriVision (Holding) Corporation (16)
−Removed: Promissory Note entered by American BriVision (Holding) Corporation (17)
+Added: Business Loan Agreement
+Added: entered by and between Cathay Bank and American BriVision (Holding) Corporation (16)
+Added: Promissory Note entered by American BriVision (Holding)
+Added: Corporation (17)
Form of Commercial Security Agreement (18)
−Removed: Form of Exchange Agreement entered into by and between the Company and non-US person (19)
−Removed: Form of Exchange Agreement entered into by and between the Company and non-US person (20)
−Removed: Form of Securities Purchase Agreement entered into by and between the Company and U.S.
+Added: Form of Exchange Agreement entered into by and between
+Added: the Company and non-US person (19)
+Added: Form of Exchange Agreement entered into by and between the Company and US person (20)
+Added: Form of Securities Purchase Agreement entered into
+Added: by and between the Company and U.S.
investors (21)
−Removed: Form of Securities Purchase Agreement entered into by and between the Company and non-U.S.
+Added: Form of Securities Purchase Agreement entered into
+Added: by and between the Company and non-U.S.
investors (22)
−Removed: Amended and Restated American BriVision (Holding) Corporation 2016 Equity Incentive (26)
+Added: Amended and Restated American BriVision (Holding) Corporation
+Added: 2016 Equity Incentive (26)
Form of Securities Purchase Agreement (27)
2 unchanged sentences
1 to Promissory Note (28)
−Removed: Joint Venture Agreement between the Company, Lucidiam Co., Ltd.
+Added: Joint Venture Agreement between the Company, Lucidiam
And BioLite Japan K.K.
Amendment to the Collaboration Agreement dated December 29, 2015 (34)
−Removed: 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)
−Removed: Convertible Note issued to Regene, dated June 16, 2022(31)
+Added: Clinical Development Service
+Added: Agreement with Rgene (portions of the exhibit have been omitted because they (i) are not material and (ii) is the type of information
+Added: that the registrant treats as private or confidential.)(31)
+Added: Promissory Note issued to Regene, dated June 16, 2022 (31)
Form of Securities Purchase Agreement dated May 12,
17 unchanged sentences
Inline XBRL Taxonomy Extension Schema Document.+
−Removed: Inline XBRL Taxonomy Extension Calculation Linkbase Document.+
−Removed: Inline XBRL Taxonomy Extension Definition Linkbase Document.+
+Added: Inline XBRL Taxonomy Extension Calculation Linkbase
+Added: Inline XBRL Taxonomy Extension Definition Linkbase
Inline XBRL Taxonomy Extension Label Linkbase Document.+
−Removed: Inline XBRL Taxonomy Extension Presentation Linkbase Document.+
−Removed: Cover Page Interactive Data File (formatted as Inline XBRL and contained in Exhibit 101).
−Removed: In accordance with SEC Release 33-8238, Exhibits 32.1 and 32.2 are being furnished and not filed.
+Added: Inline XBRL Taxonomy Extension Presentation Linkbase
+Added: Cover Page Interactive Data File (formatted as Inline
+Added: XBRL and contained in Exhibit 101).
+Added: In accordance with SEC
+Added: Release 33-8238, Exhibits 32.1 and 32.2 are being furnished and not filed.
Filed herewith
28 unchanged sentences
Incorporated by reference
−Removed: to Exhibit 10.3 to the Company’s Current Report on Form 8-K, filed on September 20, 2017.
−Removed: Incorporated by reference
to Exhibit 10.1 to the Company’s Current Report on Form 8-K, filed on February 1, 2019.
33 unchanged sentences
to the Company’s Current Report on Form 8-K, filed on February 24, 2023.
−Removed: to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by
−Removed: the undersigned thereunto duly authorized.
+Added: Incorporated by reference to the Company’s Current Report on Form 8-K, filed on February 22, 2022.
+Added: Pursuant to the requirements of the Securities
+Added: 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.
+Added: August 14, 2023
+Added: /s/ Uttam Patil
Chief Executive Officer
1 unchanged sentence
ABVC BioPharma, Inc.
+Added: August 14, 2023
+Added: /s/ Leeds Chow
Chief Financial Officer
1 unchanged sentence
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.