Item 5. Other Information
Item 5. Other Information
In August 2023, we extended the term by one year
to August 14, 2024 for an aggregate of 3,921,569 warrants with an exercise price of $1.15 per share of common stock. The warrants are
held by Leonard Mazur, the Company’s Chief Executive Officer and Chairman of the Board of Directors, and Myron Holubiak, the Company’s
Executive Vice President and member of the Board of Directors, and were originally issued in August 2018 in a private placement conducted
simultaneously with a registered direct offering of shares of common stock (the “2018 Offering”) managed by H. C. Wainwright
& Co., LLC (“Wainwright”). Mr. Mazur and Mr. Holubiak participated in the private placement on the same basis as all other
investors. Additionally, 189,412 placement agent warrants with an exercise price of $1.5938 per share issued in connection with the 2018
Offering were extended by one year to August 8, 2024. Such placement agent warrants are held by certain representatives of Wainwright.
There are no other warrants remaining outstanding from the 2018 Offering and if such warrants are fully exercised, the Company would receive
$4,811,680 in cash proceeds.
21
Item 6. Exhibits
31.1
Certification of the Principal Executive Officer pursuant to Exchange Act Rule 13a-14(a).*
31.2
Certification of the Principal Financial Officer pursuant to Exchange Act Rule 13a-14(a).*
32.1
Certification of the Principal Executive and Principal Financial Officer pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes Oxley Act of 2002.*
EX-101.INS
Inline XBRL Instance Document*
EX-101.SCH
Inline XBRL Taxonomy Extension Schema Document*
EX-101.CAL
Inline XBRL Taxonomy Extension Calculation Linkbase Document*
EX-101.DEF
Inline XBRL Taxonomy Extension Definition Linkbase Document*
EX-101.LAB
Inline XBRL Taxonomy Extension Label Linkbase Document*
EX-101.PRE
Inline XBRL Taxonomy Extension Presentation Linkbase Document*
EX-104
Cover Page Interactive Data File (formatted as Inline XBRL and contained in Exhibit 101)
*
Filed herewith.
22
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.
CITIUS PHARMACEUTICALS, INC.
Date: August 14, 2023
By:
/s/ Leonard Mazur
Leonard Mazur
Chief Executive Officer
(Principal Executive Officer)
Date: August 14, 2023
By:
/s/ Jaime Bartushak
Jaime Bartushak
Chief Financial Officer
(Principal Financial and Accounting Officer)
23
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.