Item 5. Other Information
ITEM
5: Other Information
On
November 9, 2022, we executed a short amendment to our November 14, 2017 Rights Plan with American Stock Transfer & Trust Company
as Rights Agent (the “Rights Plan”), extending the termination date by three months. Our Board determined that it is advisable
and in the best interests of the Company and its stockholders to amend the Rights Plan to extend the Final Expiration Date by three months
(such that the Final Expiration Date shall be the close of business on February 14, 2023), during which time the Board will evaluate
whether and for what duration and on what terms to further extend the Rights Plan.
45
ITEM
6: Exhibits
(i)
Exhibits
- See exhibit index below.
Exhibit
No.
Description
4.1
Amendment to the November 14, 2017 Second Amended and Restated Rights Agreement as of
November 9, 2022, by and between AIM ImmunoTech Inc. (f/k/a Hemispherx Biopharma, Inc.) and American Stock Transfer & Trust
Company, LLC. *
10.1
June 27, 2022 First Amendment to Agreement of Sale and Purchase with Acellories, Inc. (incorporated by reference to exhibit 10.86 to the Company’s Quarterly report on Form 10-Q (No. 001-27072) for the period ended June 30, 2022).
10.2
August 2, 2022 Second Amendment to Agreement of Sale and Purchase with Acellories, Inc.(incorporated by reference to exhibit 10.87 to the Company’s Quarterly report on Form 10-Q (No. 001-27072) for the period ended June 30, 2022).
10.3
August 10, 2022 Termination agreement with Shenzhen Smoore Technology Limited (incorporated by reference to exhibit 10.88 to the Company’s Quarterly report on Form 10-Q (No. 001-27072) for the period ended June 30, 2022).
10.4
October 5, 2022 Lease extension for Riverton office *
10.5
October 11, 2022 Material Transfer and Research Agreement with University of Pittsburgh (portions of this agreement have been redacted in compliance with Regulation S-K Item 601(b)(10)) *
10.6
October 21, 2022 Material Transfer and Research Agreement with University of Pittsburgh (portions of this agreement have been redacted in compliance with Regulation S-K Item 601(b)(10)) *
10.7
October 21, 2022 Fourth Amendment to Agreement of Sale and Purchase with Acellories, Inc *
31.1
Certification pursuant to Section 302 of the Sarbanes-Oxley Act of 2002 from the Company’s Chief Executive Officer. *
31.2
Certification pursuant to Section 302 of the Sarbanes-Oxley Act of 2002 from the Company’s Chief Financial Officer. *
32.1
Certification pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 from the Company’s Chief Executive Officer. *
32.2
Certification pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 from the Company’s Chief Financial Officer. *
101.INS * **
Inline
XBRL Instance Document
101.SCH * **
Inline
XBRL Taxonomy Schema
101.CAL * **
Inline
XBRL Taxonomy Calculation Linkbase
101.DEF * **
Inline
XBRL Taxonomy Definition Linkbase
101.LAB * **
Inline
XBRL Taxonomy Label Linkbase
101.PRE * **
Inline
XBRL Taxonomy Presentation Linkbase
104
Cover Page Interactive Data File (Embedded within the Inline XBRL document and included in Exhibit)
*
Filed herewith.
**
Pursuant to Rule 406T of Regulation S-T, these interactive data files are deemed not filed or part of a registration statement or prospectus
for purposes of Sections 11 or 12 of the Securities Act of 1933, as amended, or Section 18 of the Securities and Exchange Act of 1934,
as amended and otherwise are not subject to liability under those sections.
46
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.
AIM IMMUNOTECH INC.
/s/
Thomas K. Equels
Thomas K. Equels, Esq.
Chief Executive Officer & President
/s/
Robert Dickey IV
Robert Dickey IV
Chief Financial Officer
Date: November 14, 2022
47