SEC Filings

424B5
KERYX BIOPHARMACEUTICALS INC filed this Form 424B5 on 07/27/2017
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424B5
Table of Contents

Filed Pursuant to Rule 424(b)(5)
Registration No. 333-214513

 

PROSPECTUS SUPPLEMENT

(To prospectus dated December 6, 2016)

 

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Up to $75,000,000

Common Stock

 

 

In accordance with the terms of the Controlled Equity OfferingSM sales agreement, dated November 9, 2016, we entered into with Cantor Fitzgerald & Co., we may offer and sell shares of our common stock having an aggregate offering price of up to an additional $75,000,000 from time to time through Cantor Fitzgerald & Co., acting as sales agent.

Our common stock is listed on The NASDAQ Capital Market under the symbol “KERX.” On July 26, 2017, the last reported sale price of our common stock was $7.43 per share.

Sales of our common stock, if any, under this prospectus supplement and the accompanying prospectus may be made in sales deemed to be an “at the market offering” as defined in Rule 415(a)(4) promulgated under the Securities Act of 1933, as amended, or the Securities Act. Subject to the terms of the sales agreement, Cantor Fitzgerald & Co. will act as sales agent and use commercially reasonable efforts to sell on our behalf all of the shares of common stock requested to be sold by us, consistent with its normal trading and sales practices, on mutually agreed terms between Cantor Fitzgerald & Co. and us. There is no arrangement for funds to be received in any escrow, trust or similar arrangement.

Cantor Fitzgerald & Co. is entitled to compensation at a commission rate of up to 3.0% of the gross sales price per share sold under the sales agreement. In connection with the sale of shares of our common stock on our behalf, Cantor Fitzgerald & Co. will be deemed to be an “underwriter” within the meaning of the Securities Act and the compensation of Cantor Fitzgerald & Co. will be deemed to be underwriting commissions or discounts.

 

 

Investing in our securities involves a high degree of risk. Before deciding whether to invest in our securities, you should consider carefully the risks that we have described on page S-6 of this prospectus supplement under the caption “Risk Factors” and in the documents incorporated by reference into this prospectus supplement.

 

 

Neither the Securities and Exchange Commission nor any state securities commission has approved or disapproved of these securities or determined if this prospectus is truthful or complete. Any representation to the contrary is a criminal offense.

 

 

 

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The date of this prospectus supplement is July 27, 2017.