Delaware
|
001-38599
|
82-3827296
|
(State or Other Jurisdiction
of Incorporation or Organization)
|
(Commission
File Number)
|
(I.R.S. Employer
Identification No.)
|
☐
|
Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
|
☐
|
Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
|
☐
|
Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
|
☐
|
Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
|
Title of each class
|
Trading Symbol(s)
|
Name of each exchange on which registered
|
Common Stock, par value $0.001 per share
|
AQST
|
Nasdaq Global Market
|
Exhibit Number
|
Description
|
|
Opinion of Dechert LLP
|
||
Amendment No. 1 to the Equity Distribution Agreement, dated March 26, 2021, by and between Aquestive Therapeutics, Inc. and Piper Sandler & Co.
|
||
Consent of Dechert LLP (included in Exhibit 5.1)
|
Dated: March 26, 2021
|
Aquestive Therapeutics, Inc.
|
|
By:
|
/s/ A. Ernest Toth, Jr.
|
|
Name: A. Ernest Toth, Jr.
|
||
Title: Interim Chief Financial Officer
|
|
1095 Avenue of the Americas
New York, NY 10036-6797
+1 212 698 3500 Main
+1 212 698 3599 Fax
www.dechert.com
|
Re:
|
Prospectus Supplement and Prospectus to Registration Statement on Form S-3
|
(i)
|
the Registration Statement;
|
(ii)
|
the Prospectus Supplement;
|
(iii)
|
the Company’s Amended and Restated Certificate of Incorporation, as originally filed with the Secretary of State of the State of Delaware on July 27, 2018;
|
(iv)
|
the Company’s Amended and Restated Bylaws, effective as of July 24, 2018;
|
(v)
|
a Certificate of Good Standing with respect to the Company issued by the Secretary of State of the State of Delaware, as of a recent date;
|
(vi)
|
the Equity Distribution Agreement; and
|
(vii)
|
the resolutions of the board of directors of the Company, relating to, among other things, (a) the authorization and approval of the preparation and filing of the Registration
Statement, the Prospectus and the Prospectus Supplement and (b) the authorization to enter into and amend the Equity Distribution Agreement.
|
Very truly yours,
|
|
/s/ Dechert LLP
|
Very truly yours,
|
||
PIPER SANDLER & CO.
|
||
By:
|
/s/ Neil Riley
|
|
Name:
|
Neil Riley
|
|
Title:
|
Managing Director
|
|
ACCEPTED as of the date
first-above written:
|
||
AQUESTIVE THERAPEUTICS, INC.
|
||
By:
|
/s/ A. Ernest Toth Jr.
|
|
Name:
|
A. Ernest Toth Jr.
|
|
Title:
|
Interim Chief Financial Officer
|