Other Information.
−Removed: On March 30, 2022, the date we filed our Annual Report on Form 10-K for the fiscal year ended December 31, 2021, we became subject to the offering limits in General Instruction I.B.6 of Form S-3.
−Removed: As of the date of this Quarterly Report on Form 10-Q, the aggregate market value of our common stock held by non-affiliates pursuant to General Instruction I.B.6 of Form S-3 is $38,990,384, which was calculated based on 67,224,800 shares of our outstanding common stock held by non-affiliates and a price of $0.58 per share, the closing price of our common stock on April 4, 2022, which is the highest closing sale price of our common stock on the Nasdaq Global Market within the prior 60 days.
−Removed: Pursuant to General Instruction I.B.6 of Form S-3, in no event will we sell securities in public primary offerings on Form S-3 with a value exceeding one-third of our public float (as defined by General Instruction I.B.6) in any 12 calendar month period so long as our public float remains below $75.0 million.
−Removed: As a result of these limitations, we may currently only offer and sell shares of our common stock having an aggregate offering price of up to $12,996,794.66 pursuant to o ur ATM Program .
−Removed: However, in the event that our public float increases or decreases, we may sell securities pursuant to the ATM Program in public primary offerings on Form S-3 with a value up to one-third of our public float, in each case calculated pursuant to General Instruction I.B.6.
−Removed: In the event that our public float increases above $75.0 million, we will no longer be subject to the limits in General Instruction I.B.6 of Form S-3.
−Removed: The following is a list of exhibits filed as part of this Report.
+Added: The following is a list of exhibits filed as part of this Quarterly Report on Form 10-Q.
Where so indicated, exhibits that were previously filed are incorporated by reference.
54 unchanged sentences
ELOXX PHARMACEUTICALS, INC.
+Added: August 12, 2022
/s/ Daniel E.
Interim Chief Financial Officer
−Removed: (Principal Financial Officer)
+Added: (Principal Financial and Authorized Officer)
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.