Indaptus Therapeutics Enters $100M ATM Sales Agreement with H.C. Wainwright

What Happened
Indaptus Therapeutics, Inc. announced on August 28, 2026 that it entered into an Amended and Restated At the Market Offering Agreement with H.C. Wainwright & Co., LLC, replacing the prior June 1, 2022 agreement. The agreement permits the company to sell shares of its common stock on an “at‑the‑market” basis through Wainwright, with an aggregate maximum gross offering price of up to $100,000,000 for shares sold on or after the new agreement’s execution date. A prospectus supplement related to the ATM was filed on August 31, 2026 and is part of the company’s effective Form S‑3 shelf registration.

Key Details

• Agreement date: August 28, 2026; prospectus supplement filed August 31, 2026 (Form S-3 effective Aug 20, 2025).
• Maximum aggregate gross sales price: $100,000,000 for shares sold under the new Sales Agreement (does not include shares sold under the prior agreement).
• Placement fee: 3.0% of gross sales when Wainwright acts as sales agent; different terms apply if Wainwright purchases as principal under a separate agreement.
• Company retains control: Indaptus sets daily maximum share amounts and minimum sale price; company is not obligated to sell shares and either party may suspend the offering.
• Other: Sales subject to availability of authorized shares and continued eligibility to use Form S‑3; company granted customary indemnification and will reimburse certain Wainwright expenses. Legal opinion on share validity (McCarter & English) was filed as an exhibit.

Why It Matters
This ATM facility gives Indaptus a flexible way to raise equity capital over time without a single large offering — useful for funding operations, R&D or other needs as market conditions permit. The $100M cap and 3% sales fee are concrete terms investors can use to model potential dilution and transaction costs, but the filing makes clear there is no guarantee any shares will be sold.