Indaptus Therapeutics Enters $100M At-the-Market Offering with H.C. Wainwright

What Happened
Indaptus Therapeutics, Inc. (INDP) filed an 8-K reporting that on August 28, 2026 it entered into an Amended and Restated At the Market Offering Agreement with H.C. Wainwright & Co., LLC to sell shares of its common stock through an “at-the-market” (ATM) program. The company filed a related prospectus supplement (Aug 31, 2026; amended Sept 4, 2026) under its existing Form S-3 registration statement to enable the offering.

Key Details

• Maximum aggregate offering: up to $100,000,000 of common stock may be sold through or to Wainwright (applies only to shares sold on or after the new agreement date).
• Placement fee: Indaptus will pay Wainwright 3.0% of the gross sales price for shares sold with Wainwright acting as sales agent.
• Sales mechanics: Wainwright will use commercially reasonable efforts to sell shares on the open market, other trading venues, or to market makers; private negotiated sales or principal purchases require separate agreement.
• Limits and conditions: Sales are subject to available authorized shares, Indaptus’s continued eligibility to use Form S-3, and either party may suspend the offering; Wainwright is not obligated to buy shares as principal unless separately agreed.
• Legal: Indaptus agreed to customary indemnification and expense reimbursement; legal opinion on share validity (McCarter & English, LLP) was filed as an exhibit.

Why It Matters
This ATM agreement gives Indaptus a flexible way to raise capital by selling shares over time at market prices rather than in a single lump-sum offering. For investors, the program can dilute existing holdings when shares are sold, but it also provides the company a ready mechanism to fund operations, development, or other corporate needs without negotiating a single large financing. Key considerations are the $100M cap (post-amendment sales only), the placement fee (3%), and the company’s ability to suspend or limit sales.